October 13, 1971 CONGRESSIONAL RECORD- SENATE 35957 system that can shoot down long-range threats and experimental ECM devices specif­ per cent better acceleration and turn capa­ multi-raid aircraft and missiles as well as ically conceived to defeat the missile's cir­ bilities than the F-14A. engage enemy fighters in close-in combat. cuits. The weapo'n successfully copes with all And even if it came in at double the $2.5 Weight-reducing microminiaturization of these ECM techniques. million per copy now estimated for such a avionics, balanced with airframe and engine plane, we could still afford to buy it in the P&ESS RELEASE EXCERPT numbers which combat might realistically design, has eliminated performance penalties In fact, its main dogfight weapon will be formerly associated with multi-mission fight­ require. a. new $100,000 per copy version of the Spar­ The facts ers. In the F-14 one percent of the aircraft row missile, earlier versions of which in Viet­ weight makes it possible to use Phoenix, nam have proven one-quarter as effective The Navy has studied lighter and simpler Sparrow, Sidewinder, Agile, a gun and against enemy aircraft as our fighter planes' fighter designs, but has yet to find one which air-to-surface weapons. A large part of that cannons and guns, while costing 200 times as shows any potential of being superior in the weight is in removable pallets not used for much per firing or 800 times as much per kill. total combat arena. the Dogfight configuration. While many individual, special purpose Navy performance estimates of the F-14A The facts aircraft could be designed to cope with each and F-14B have been substantiated by an The new SPARROW costs $60,000 per copy threat, at each altitude, at each speed while independent National Aeronautics and Space under the present Navy program. Also the using an optimum weapon for each engage­ Agency assessment made at the request of F-14 with its mixed weapon load (SPARROW, ment, it is obvious that an aggregate of such Dr. John S. Foster, Jr., Director of Defense SIDEWINDER, and Guns) and superior fire types would be far more costly than the F-14. Research and Engineering. It was further control system allow the Pilot and Missile If a. better solution exists, it has yet to be concluded the multi-mission performance Control Officer to select the proper and most proposed to the U.S. Navy. estimates were attainable without degrading effective weapon for each particular situation Data on the light weight Air Force fighter the pure fighter capab111ty. thus increasing the overall kill probabilities. mentioned by Senator Proxmire has not been made available to the Navy. However, if that An Important Item in the initial Navy PRESS RELEASE EXCERPT airplane out turns and out accelerates the specification for the Phoenix Missile was The Senate should follow the lead of the F-14 by 80--100% it must be a. highly spe­ the requirement to operate in the severest House and deny further funding for the F-14. cialized type optimized for fighting other Electronic Countermeasures (ECM) environ­ And the Navy should follow the lead of "dog fighters" and cannot be a - balanced ment. the Air Force and develop a. new light weight weapons system designed to meet the agreed Contractor and Navy tests have been made fighter which could put the F-14 to shame. threat most likely to be encountered in per­ on the entire Phoenix Missile and elements As the Air Force program demonstrates, forming Navy missions in all parts of the within the missile, using projected 1980 ECM a. new light weight fighter could have 80-100 world.

SENATE-Wednesday, October 13, 1971

The Senate met at 12 o'clock noon and EXECUTIVE MESSAGES REFERRED ENROLLED JOINT RESOLUTION was called to order by the President pro SIGNED tempore (Mr. ELLENDER). As in executive session, the President pro tempore laid before the Senate mes­ The message also announced that the sages from the President of the United Speaker had affixed his signature to the PRAYER States submitting sundry nominations, enrolled joint resolution tember 5, 1971, is an article entitled The Committee on Interior and In­ t;, resolutions and ordinances approved by "Drugs and the Missile Crews," which I sular Affairs has held two hearings on the Commissioner of Indian Affairs. As of June 1968, their membership was 2,038. The believe deserves the most serious atten­ the matter-the last one on September descendants of t'.1e Northwestern Band of tion of the Senate and, for that matter, 15, 1971. At this hearing, two separate Shoshones are unorganized and unrecognized the administration and the country as bills, s. 1120, introduced by my colleague as a viable tribal entity, although a small well. from Wyoming Soviet Union is desirous which are now underway and will be un­ It takes two to set o1I an atom bomb or of cooling the temperature of the world­ derway shortly. I hope that out of this missile. So far as is known, there has never been ! think even in the Middle East, where we new mixture accruing in this new age an accidental or unauthorized explosion of a do not approve of what they are doing by will come new policies which will satisfy nuclear weapon anywhere in the world. There any means in furnishing arms to some of the needs of the times. I look for changes have been H-bombs lost and never recov­ the nations there, but at least there has in old policies which have outlived their ered, and H-bombs dropped by accident, been no shooting for 15 months. That in usefulness and should be consigned to the spraying deadly plutonium powder over itself in progress of a sort. We hope for distant pa~t. areas in Morocco, Spain, and Greenland. But eventual peace in that area. Mr. SCOTT. Mr. President, I thank the atomic explosions are not easily triggered and the machinery has proven reliable. The SALT talks are moving. P::ogress majority leader for his usual and ex­ The experts, both military and civilian, has been noted there. pected patriotic response and bipartisan­ have always known that the real danger is Thus, I commend wholeheartedly the ship which illuminates our foreign policy. the human factor, which can never be so President of the United States, and I reliable. That is why it is arranged that two know that that sentiment is shared by men must work together. the bipartisan leadership in both Houses PERIOD FOR THE TRANSACTION OF But it takes only two. And that is why of Congress. ROUTINE MORNING BUSINESS all the nuclear services have screening pro­ Mr. MANSFIELD. Mr. President, I join grammes which are supposed to keep out The PRESIDENT pro tempore. Under unstable men and to detect those who are the distinguished Republican lea.der in the previous order, there will now be a psychologically weak, such as drug takers. what he has just said about the Presi­ period of 30 minutes for the transaction Yet, in each of these recorded and confirmed dent's proposed journey to Peking, which of routine morning business with each incidents, the investigations were begun as is to be followed sometime thereafter by the result of an accident or a complaint Senator being limited to 3 minutes. a journey to Moscow. Is there any morning business? outside the responsible chain of command, It should be stated for the RECORD that not because the screening programme worked. there was bipartisan and unanimous ap­ proval at the White House yesterday "What ca.n you do?" Pentagon spokesmen QUORUM CALL say. ''Drugs infect the society. They're bound when the President briefed us on some to get into the military." Sadly true. And of the details of his latest acceptance, the Mr. MANSFIELD. Mr. President, I they are bound to get into units trained invitation to go to Moscow. suggest the absence of a quorum. to fire· nuclear weapons. Terrifyingly true. As the distinguished Republican leader The PRESIDENT pro tempore. The has pointed out, the last time a high So­ clerk will call the roll. viet dignitary visited us was when Chair­ The second assistant legislative clerk ILLNESS OF MARVELLA BAYH, WIFE man Khrushchev came to this country. proceeded to call the roll. OF SENATOR B.hYH, OF INDIANA Thus, in the course of events, the way Mr. MANSFIELD. Mr. President, I ask Mr. SCOT!'. Mr. President, the deep protocol works, if there were to be a high unanimous consent that the order for the sympathy of the whole Senate goes out level conference of this kind, it would be quorum call be rescinded. to our distinguished Senator from Indi­ held in Moscow this time. The PRESIDENT pro tempore. With­ ana CAMBODIA: THE HANDWRITING everywhere in Cambodia in support of Cambodian military-political groups ON THE WALL Pnom Penh's so.-called national forces. whose claim to authority in their country Mr. MANSFIELD. Mr. President, a I sometimes wonder bow we let our­ rests largely on the support ef this Na­ year and a half bas elaJ?sed si?ce the selves get involved in these travesties of tion? And to what end, the loss of Amer­ military overthrow of Pnnce S1hanouk foreign policy which, rather than serve ican lives in Cambodia, Mr. President, to and the subsequent U.S. incursion into the interests of this Nation give every what end? Cambodia. At the time, these events were appearance of being at complete odds Mr. President, I ask unanimous con­ hailed as quickening the end of the war with those interests. Cambodia is not the sent to have printed in the REcoRn the in Vietnam. A year and a half later, the first case of this kind, of course, but it three articles referred to which were war still goes on and this obscure episode is certainly one of the most blatant. published in the Manchester Guardian The irony of this situation is that the under dates of August 14, August 28, and of the long tragedy of Indochina is all trend of present Cambodian policy, in­ but forgotten. September 18, 1971, relating to Cam­ It is not forgotten, however, by the sofar as I can see, runs strongly counter bodia. not only to the expressed inclinations of I also ask unanimous consent to have families of more than 350 Americans who the Congress but also to the Nixon doc­ died in the Cambodian invasion. Nor is it printed in the RECORD an article relating forgotten by the hundreds of other Amer­ trine which was supposed to provide the to the war in Indochina printed in this guidelines of that policy. Clearly. what week's Newsweek, which bears the date cans who were wounded in that brief is being done in Cambodia in the name campaign. Nor is it forgotten, I should October 18, 1971, an article published in think, in Cambodian villages which have of the United States is a complete dis­ the New York Times of October 13, 1971, since been bombed or burned, undoubt­ tortion of the initiatives with regard to which indicates the tremendous expan­ cambodia which were taken by the Pres­ sion in Cambodia, and an article which edly, in order "to save them." ident shortly after he assumed office. At In retrospect, what was really achieyed was published in the Manchester Guard­ by the Cambodian gambit? Enemy VIet­ that time, the Presdent's aim was to ian entitled, "Pyrrhic Victory in the namese forces-even the "high com­ restore friendly relations with the kind Bolivens." The Bolivens is the plateau mand"-were supposed to have been of inner-based Cambodian Government in Southern Laos along which the new killed or captured in their ''sanctuary" which Prince Sihanouk was attempting Ho Chi Minh Trail is being developed to along the Vietnamese-Cambodian border to maintain in circumstances of tight­ go into Cambodia. by this essay. Well, to the extent that rope difficulty. These were initiatives, There being no objection, the material may I say, which by request as well as was ordered to be printed in the RECORD, enemy forces were there in the first inclination, I sought, personally, to sup­ place, they withdrew from the bord~r as follows: port at the time both here and in South~ [From the Guardian, Aug. 14, 1971] and since then, about all of Cambodia east Asia. has become the enemy "sanctuary." A series of three articles on Cambodia U.S. INFIGHTING Cambodia has also emerged as another by T. D. Allman which appear in recent While the annies of Phnom Penh and battlefield of the Indochina war over Saigon fight the force!> of Hanoi for control issues of the Manchester Guardian shed of Cambodia, another war is being fought which Americans are flying and dying. a good deal of light on the factors which The indications are, moreover, that for the same territory by another set of lead to the making of "Cambodias" in allies against another infiltrator from the Cambodians are forming into an expand­ U.S. foreign policy. The articles make north. The other co-beligerents are the ing guerrilla force under the b~nn~r ~f clear that much of what has happened American Departments of State and De­ Prince Sihanouk and, together w1th ~he1r ther~ bas been guided not so much fense--like Cambodia and South Vietnam, Vietnamese allies, have already taken by the President's initiatives or the in­ hardly natural allies. The invader that has control of most of the countryside. tent of Congress but by the availability brought them together, to use President It should be noted, in this connection, Nixon's phrase, is the Central Int elligence that before the government of Sihanouk of copious funds which permit agencies Agency. was o·1erthrown, nothing-zer(}--in the of this Government an easy indulgence in The CIA, like the North Vietnamese, were these questionable enterprises. In that supposed to have been deprived of their Cam­ way of U.S. aid was going from this Na­ sense the source of the difficulty is to bodian enclaves last year, about the time tion to Cambodia. Nevertheless, Car-,bo­ be so~ht, not in Cambodia, but in cer­ of the US-South Vietnamese invasion, when dians were managing to live in a self­ tain Southeast Asian obsessions in the the White House ordered that the post-inva­ supporting and moderately progressive sion US role in Cambodia be as abov:e-board executive branch and a somewhat indis­ as possible. Both criteria. seemed to rule out fashion. Their country was an oasis of criminate readiness in the Congress, in oruer in war-torn Indochina. In one and the CIA, but both the North Vietnamese a~d a half years of coup government in Pnom the past, to finance them. the CIA keep trying to encroach on Cambod1a What has happened in Cambodia high­ from their secret outposts in southern Laos. Penh, the picture has been completely lights a problem that seems to me to Whereas Hanoi's South Laotian base is reversed. Cambodi:>. is beilng reduced to confront the Senate on an urgent basis. known as the Ho Chi Minh Trail, the CIA's chaos and devastation, even as the pres­ The Cambodian experience is an admo­ is called the ..Annex." It is a white, multi­ ent Cambodian Government is now well nition to curb the easy outflow of the storeyed building in the Laotian Mek~ng on its way to receiving its first billion dol­ financial resources of the people of this river town of Pakse. The building looks llke lars in direct or indirect support from the Nation which, for years, bas been legis­ every other building in Pakse--except that United States. The aid is going forth, it has no windows, is covered with antennae moreover, notwithstanding our own lated in the name of national defense instead of tropical vines, and can be entered and foreign aid. In the case of Cambodia, only by playing the right combination on :fi..1ancial difficulties. the hundreds of millions of dollars al­ an electronic keyboard lock. In support of the Cambodian coup gov­ ready spent in a year and a half have The CIA's latest Cambodian incursion re­ ernment this Nation has become deeply done hardly anything for the defense of cently was limited by an enterprising, Phnom involved'in the internal affairs of still an­ this Nation except, perhaps, to weaken Penh-based American correspondent named other people of Southeast Asia. The pres­ Boris Baczynskyj, who discovered synthesise it by wastage. Nor have these expendi­ Prince Norodom Sihanouk's inimitably ent Cambodian rulers are, for all prac­ tures helped the Cambodian people who tical purposes, dependents of this Nation squeaky voice, and broadcast it over the have now been reduced to the common border into Cambodia. The venture was not and the indications are that U.S. sup­ denominator of the irrelevant devasta­ only an attempt to discredit the Prince by port-direct and indirect-is the ~o!e tion which has been suffered in Laos and putting embarrassing words into his mouth, significant prop which keeps the pohti­ Vietnam. but also an effort to win away a few Cambo­ cal-rnilitary structure in Pnom Penh The articles previously mentioned are dian hearts and minds from the State and from falling apart. To administer this Defence departments. not unrelated to the legislation which Unfortunately for the CIA, Baczynskyj, a support, the executive branch is rapidly has just been before us and to the for­ Khmer-speaking ex-Peace Corps Volunteer, expanding a U.S. offi.cial mission in Cam­ eign aid bill which will be coming before noticed a considerable difference in the words bodia which already numbers well over a us in the not too distant future. One of Sihanouk as beamed over Radio Peking, hund1·ed Americans-civilian and mili­ might well ask how much of the funds and the statements attributed to him by the authorized in this bill will go for pro­ Phnom Penh Government. After months of tary. The increase, I believe, comes to checking, he verified the existence of the more than tenfold in U.S. personnel in curement of military materiel to be ex­ clandestine Pakse Radio, and established the Cambodia in the year and a half since ploded in or over Cambodia in the name identity of its operators. the overthrow of Sihanouk. At the same of the defense of the United states. How Baczynskyj's discovery, however, was more ti.-;.1e, aid is also being provided indirectly much, too, of the foreign aid bill that is than a journalistic coup. It revealed the by U.S. bombing here and there and coming to us shortly will go to support latest in a series of failed CIA attempts to October 13, 1971 CONGRESSIONAL RECORD- SENATE 35963 maintain cover for its Cambodian operations, Somewhere in between, repeated again and lice in plain clothes under the command of which are bitterly resented by the foreign again to the Cambodian population, as well Lon Non, Lon Nol's young brother. service and m111tary officers who predomi­ as to foreign visitors, lie the claims of the The demonstration in Phnom Penh on nate here. The agency, in fact, has been try­ Phnom Penh Government that last year's March 11 was just one part of a planned two­ ing rather unsuccessfully to regain a piece ousting of Prince Sihanouk, and the war part effort to oust the Prince. "We planned of the Cambodian action ever since 1963, that followed, were the result of spontaneous two demonstrations," one of my sources said, when Prince Sihanouk sent the US aid mis­ popular demonstrations. "one for the eleventh to create the crisis, sion packing, which had served as the agen­ The complete details of the moves leading the other on March 16 (1970) to provide the cy's main cambodian cover. to Sihanouk's going have long been closely pretext of ousting Sihanouk." The Green Beret scandal in Vietnam, for guarded State secrets here. In a recent series Anti-Sihanouk tracts and anti-Vietnam­ example, grew out of a CIA order to eliminate of interviews, however, a number of high­ ese posters were prepared in advance at the with extreme prejudice one of its Cambodian ranking Cambodian officials for the first time Minist ries of Information and Education. operatives. The agency also supported anti­ consented on the condition that their names However the anti-Sihanouk demonstration Sihanouk insurgents, even when the State be not revealed for the present, to discuss on March 16 failed when pro-Sihanouk stu­ Department was trying for a Cambodian re.­ candidly the events leading up to the chan ge dents surrounded the National Assembly. approachment in the late 1960s. in Government and the beginning of the war. The Phnom Penh police, also pro-Sihanouk, Several times burned, the State Depart­ The train of events re-created in the inter­ that day arrested 20 hand-picked demonstra­ ment, when it resumed diplomatic relations views, granted to me over the last month, is tors carrying anti-Sihanouk tracts as they with Cambodia in 1969, tried to make sure completely at variance with the official ver­ moved toward the Assembly. As a result, I there would be no CIA agents in the embassy sion of the events disseminated through the was told, "it appeared for the moment we woodpile. Even now, ostensibly, there is no various propaganda organs of the Cambodian were foiled." CIA component at all in the 100-man US Government. The interviews, nearly 18 Inside the National Assembly that day mission in Phnom Penh. months after the events, seem important not anti-Sihanouk deputies, including the acting Never daunted, the CIA has kept up its only in an historical perspective, but in the president of the Assembly. In Tham (now efforts to develop its own Cambodian in­ light of the Government's pretensions that Minister of Interior), were waiting for the filtration routes. Early last year, while the the Cambodian war was unavoidable, that demonstration to materialise in the hope US was trying to stay out of the Cambodian Sihanouk had lost the confidence of his that it would stampede the Parliament into political crisis, the Agency unbeknown to people-and that as a result the present ousting Sihanouk. Instead, "we began to be the diplomats, relayed promises of support to regime is entitled to world-wide support. attacked for our anti-Sihanouk statements. the anti-Sihanouk faction. And as soon as According to these people, all of whom The Assembly adjourned in confusion." the Cambodian war broke out, Agency-run still hold high posts in Phnom Penh, Mar­ That night, as Phnom Penh newspapers teams of Laotian mercenaries began rang­ shal Lon Nol, his deputy, Sirik Matak, and carried headlines saying "Coup d'etat ing down into Cambodia on "intelligence important members of the Cambodian high aborted," another high-ranking m eeting was patrols," which the Pakse station hoped command and Parliament conspired to over­ held at the home of Sisowath Sirik Matak. would be the landing parties f~ a whole throw Norodom Sihanouk by force of arms He summed up the situation when he said: CIA-run Clandestine Army in Cambodia. and to assassinate him, if necessary, as early "We have gone too far now to turn back." The American sibbling rivalry, which as six months before the coup actually The next day, with the approval of Lon might otherwise be as amusing as a nine­ occurred and the war started. Nol, the arrests began. Tables arrested or teenth-century brouhaha between Whitehall The same figures, according to these high­ forced from office included 20 high ranking and Simla over jurisdiction of some Indian placed sources, organised the "spontaneous" army officers, the governors of Phnom Penh Ocean atoll, already is producing some un­ anti-Vietnamese demonstrations and the and the surrounding Kanda! province, and edifying complications. sackings of the North Vietnamese and Viet­ two members of the Cabinet. Only after Lon The CIA's Pakse operations-which for all cong embassies in Phnom Penh. Nol's troops had taken over the civilian Gov­ their ingenuity so far have failed to keep the They also organised subsequent anti­ ernment of Phnom Penh, and tanks had sur­ Communists from taking over most of South Sihanouk demonstrations, which failed to rounded the Assembly building, did the ac­ Laos-are :flagrant violations of Laotian neu­ attract popular support and thus delayed the tual vote ousting Sihanouk take place. trality. And neither Laos's premier, Prince anti-Sihanouk group's timetable for ousting The events of March 18 are alleged to be Souvanna Phouma, who is a northerner, nor the Prince by 48 hours. On the eve of but the final stage of more than six months' the US Embassy in faraway Vientiane seems Sihanouk's eventual overthrow, on March 18, efforts to depose Sihanouk (which began able to curb the Pakse operation. 1970, the Lon Nol-Sirik Matak forces ar­ shortly after the former chief of state, in an Here in Cambodia, where the US embassy rested scores of pro-Sihanouk officials and effort to put pressure on the Communists, has become the nexus of Cambodian polit­ surrounded the National Assembly with named Lon Nol premier and comman~r-in­ ical power, the American infighting has al­ tanks. Only then did the Cambodian Parlia­ chief of the Cambodian armed forces in mid- ready produced some domestic political com­ ment proceed to oust the Prince. 1969). plications-notably affecting the much pub­ The crudal March demonstration, and the According to the sources, the anti-Siha­ licised rivalry between Premier-delegate Siso­ final step in Sihanouk's removal from pow­ nouk faction was ready to oust Sihanouk in wath Sirik Matak and Marshal Lon Nol's er, were planned in a series of high-level December 1969, during a national congress young and ambitious brother, Lon Non. The clandestine ~eetings held in Phnom Penh held in Phnom Penh. The sources said that embassy likes Sirik Matak, and hardly both­ in the early months of 1970. Several of them 4,000 military police and soldiers, again un­ ers to veil its distate for Lon Non. were held in the homes of Lon Nol and der the command of Lon Nol, were ordered to With Sirik Matak, who has shunned CIA Sirik Matak; others occurred in moving cars pack the meeting which Sihanouk used as a contacts, emerging as the embassy's man, and to avoid detection by Sihanouk's secret po­ sounding board for his programme. Seeing Lon Non emerging as the CIA protege, the lice. Sihanouk himself was absent froni the he was outgunned, Sihanouk let the Congress American squabble seems to contain seeds country at the time. vote for Sirik Matak's policies rather than potentially as disastrous as those that dis­ The result of the meetings, I was told, were dissolve the Government and call for new rupted Laos a decade ago. At that time, the personal orders issued by Lon Nol and Sirik elections, as planned. Shortly afterwards Si­ CIA so disliked the State Department's can­ Matak instructing the Minister of Education, hanouk left Phnom Penh for France, telling didate for premier of Laos that it sent its at that time Chamm Sokhum, to arrange a confident: "They are trying to make a own Laotian army marching north to drive anti-Vietcong demonstrations in the Com­ Sukarno out of me." him out of Vientiane. munist-infiltrated province of Svay Rieng, New light is also shed on the role played Several times routed in its efforts to in­ and later in Phnom Penh itself. Svay Rieng by Lon Nol in the events leading up to Si­ filtrate Cambodia, the CIA, like Hanoi, may officials apparently feared the consequences hanouk's ousting. The Premier absented decide on a strategy of letting dissension himself from Phnom Penh during much of of the demonstrations, but went ahead with the crisis, and some observers have suspected spring up among its adversaries. The State them when they were assured that they Department wants to keep the Cambodian that he, unlike Sirik Matak, was not whole­ "would help Sihanouk in his efforts to put heartedly behind the moves to remove the operation lean, clean, and honest. The De­ pressure on the Communists to withdraw," fence Department keeps pushing for a big Chief of State. However, my sources agreed in-country US military establishment. as one of my informants put it. that Lon Nol all along had manipulated "You might say we're caught in the mid­ After the small demonstration on March events from afar. "We always acted with his dle," said one foreign service officer recently, 8 for students and teachers in Svay Rieng,· approval, on his instructions. He ran the emphasizing with the Cambodians who are larger demonstrations were ordered for Government--and our plans-by telephone similarly caught between North and South Phnom Penh. Government sound trucks from Paris." Vietnam. urged the students to demonstrate, and offi­ Interestingly enough, my informants, in cers of the Government-sponsored Assembly the course of half a dozen interviews, never [From the Guardian, Sept. 18, 1971] named Sihanouk's foreign policy of main­ of Youth arranged for students and teachers taining good relations with the Vietnamese WHO TRIPPED SIHANOUK? to assemble at the two Communist embassies. Communists as a reason for ousting him. Every political regime, using tactics rang­ However the actual sackings of the two "Frankly," said one of them, "Sihanouk ing from the benign fiction of Plato's golden embassies, which, together with Sihanouk's was as anti-Communist as we were." Another myths to the national brainwashing of fall and a Cambodian ultimatum to the Com­ said: "He had power too long. We wanted Himmler's big lle, to some extent justifies its munists, provided a casus belli, was arranged it. The only way to get at him was by attack­ existence-and conceals its mistakes­ through the Cambodian high command and ing the Vietcong." Military orders, signed by through recourse to deception. actually carried out by squads of military po- Lon Nol, directed Government troops to as· 35964 CONGRESSIONAL RECORD- SENATE Octobe'r 13, 1971 sassinate the Chief of State if he returned two subordinates, and "presidential determi­ terised US involvements elsewhere, never­ to Cambodia. The main fear of the moment nations" totalling $8.9 millions. The White theless, are proud of their "low profile" was that Sihanouk would return, rally the House determinations needed no congres­ a<:hievement--and feel even prouder they say, country to him, and hold elections, which he sional approval, because the funds were di­ when the Cambodians complain that they are would win "because he was so popular with verted from military assistance programmes expected to do too much with too little aid. the peasants." in other countries. In this case, the countries But the same officials concede that it is Perhaps the most striking elements of the were Turkey and South Korea, which are hard to fit what they are doing into any con­ anti-Sihanouk conspiracy-for such it seems often overappropriated to leave the Pentagon vincing scheme of US withdrawal from Indo­ to have been-were its total lack of spon­ contingency funds for emergencies--espe­ china, and a commitment to a client State by taneity, and the plotters' easy sacrifice of cially those unpopular with Congress. any other name seems just as binding. good rela,tions with the all-powerful Viet­ President Nixon made other, unapproved, Both American and Cambodian officials namese Communists in the interests of do­ commitments to the Cambodian aid pro­ concerned in the Cambodian aid programmes mestic and political expediency. gramme in the following months: first, one see "no major increases in spending," as one [F1·om the Guardian, Aug. 28, 1971] of $40 millions and then another of $50 mil­ of them put it, the unintended implication lions. By September the us-still without being that the $75 millions increase in visi­ AMERICA'S EXPENSIVE SHORTCUT congressional approval-was providing cam­ ble expenditure planned for this year alone Last year an American commentator, well bodia with more sophisticated equipment is negligible. known for his pro-Administration views, flew and critical air support. A "Special Supple­ A diminution of the US investment in in for a short look at the Cambodian situa­ mentary Group" was also established in Sai­ Cambodia is not even suggested in the rosiest tion. Before his departure he was asked by a gon to provide Cambodia with military aid. communiques--and there seems no evidence confident American official what he thought By the time the American Congress began to suggest that the US has anything but of the American invasion, which President debating aid for Cambodia in November and another 23 years to go in mortgage payments Nixon had just described as "a surgical opera­ December, it was faced with what one US on last year's decision to try to use cambodia tion, limited in time and space." senator at the time described to me as "a as a shortcut out of Vietnam. "Hell," the visitor said to the startled of­ fait accompli." ficial, "we'll be paying for this one for 25 The US was paying for continuing South [From Newsweek, Oct. 18, 1971] years." Vietnamese ground operations in Cambodia INSTANT REPLAY From 1963, when Prince Sihanouk ended and training thousands of Cambodian sol­ the United States aid programme here, until diers in Vietnam: it had begun to supply In one official pronouncement after an­ 1970 when it was re-established. Cambodia the Khmer army with 30,000 captured AK-47 other, the Nixon Adininistration has ear­ cost the United States nothing, except a lot rifles and 20,000 M-165--six Huey helicopters, nestly proclaimed its determination to avoid of irritation from time to time. 23 armoured personnel carriers, 11 river pa­ any major commitment in Cambodia. But During the 1970 financial year Cambodia trol boats, 25 artillery pieces, six transport for all that, the American presence in the cost the US a visible $8.9 millions. During the aircraft, 600 trucks. It had guaranteed air once-sleepy capital of Phnom Penh has grown 1971 period, which ended last month, the cover for Phnom Penh and the provincial dramatically. Since late last year, the U.S. visible US appropriations for Cambodia rose capitals. By that time, the US was also pro­ Embassy staff in Phnom Penh has jumped to $235 millions. For 1972 the Adininistration viding all the cambodian army's ammuni­ from fewer than 60 officials to more than has asked for $310 millions in visible appro­ tion. A factory wa.s eventually established in 150. And despite a Congressional resolution priations to prop up the Lon Nol regime­ Arlington, Virginia, to manufacture ammuni­ specifically forbidding the use of American and has begun spending it as it did in the tion for the Cambodians' Communist-made military advisers in Cambodia, many more previous years, before Congress has had the AK-47 rifles. ' u.S. officers appear to be on their way there. chance to decide. Six months after a Cambodian invasion As a result, a bitter dispute has broken out The visible expenditures, however, are only which it had not approved, Congress was left in the U.S. Embassy-a clash between U.S. part, probably less than hal!, of the total US llttle choice but to agree to a residual finan­ civilians and military men that could well annual investment in this country. The vis­ cial commitment to Cambodia and attempt determine the shape of American involve­ ible appropriations which Congress is given to hold it within reasonable bounds. ment in Cambodia for years to come. the opportunity to approve have not included Nine months later the effects of US mili­ At the root of the debate is the questicn the cost of the initial US invasion, the con­ tary aid are obvious. The Cambodian army is of America's military role in that beleaguered tinuing cost of US subsidised South Viet­ much better equipped, somewhat better country. Arguing for a minimal military-aid namese military operations in Cambodia nor trained, slightly larger, and, as one Amen­ program, the civilians, led by chief political the salaries and operating expenses of the can official put it, "a little less amateurish," counselor Jonathan F. Ladd (himself a for­ more than 100 American officials stationed than it was. mer Special Forces commander in South Viet­ here, nor of those-more numerous in total­ One battalion of trained Khmer troops _nam), contend that the U.S. should train an who support America's Cambodian operations returns, fully armed and equipped, from elite force of Cambodian guerrillas to harass from Saigon, Honolulu, and Washington. South Vietnam each week. Weekly convoys of ·the Communists, but should not get bogged Nor do the official appropriations include US arms go up the Mekong to replenish the down in support o! large unit operations. the entire cost of training Cambodian troops munitions the army has expended. The US By contrast, Brig. Gen. Theodore C. Mataxis, abroad, nor the gifts of captured Communist has paid for a Cambodian army that now who heads the Military Equipment Delivery weapons given to the Cambodian Govern­ has about eight to ten times the number of Team (MEDT) in Phnom Penh, has fought ment, nor the cost of the clandestine US fighting men the Communists have, many for a more activist U.S. policy. Among other operations in Cambodia. times the fire power, and backed it up with things, Mataxist favors expansion of last Most importantly, the official appropria­ the full support of the US air arsenal. year's $180 million aid package and full U.S. tions do not include the most expensive sin­ The result is a mass ot men and arms whose backing for Cambodian assaults on Com­ gle US activity in Cambodia, the bombing of sheer volume makes any spectacular Com­ munist s.anctuaries and supply lines. Communist troops, both in tactical support munist offensive in Cambodia-and the em­ IGNORED of the Cambodian army and in efforts to barrassment it would cause the Nixon Ad­ As of now, Mataxis & Co. seem to be in block the Communist supply routes. ministration-rather unlikely for the time · the lead. When Ladd balked at giving the The total US spending on Cambodia, being. relatively unsophisticated Cambodian forces therefore, is much higher than the official The cost to the US, however, has been the expensive M-16 rifles, Mataxis pushed theM- figures indicate. As one US official recently creation of a foreign army totally dependent 16 order through, contending that the Cam­ said, "It is probably unknowable, if not in­ on American supplies, and largely dependent bodians should be as well armed as possible. calculable." on US advice, administration, and air power. And civilian complaints about the growing Conservative estimates, including the costs US officials here have been trying to keep U.S. military establishment in Phnom Penb of the bombing indicate that Cambodia over the outward signs of this dependence as have been pointedly ignored. Just two the next 11 months will account for about sinall as possible-and more importantly, to months ago, Mataxis--who used to spend $1 billion (£416 millions) of American tax limit the dependency to areas where it is most of his time in Saigon-moved to the money. This is a figure significantly higher unavoidable. Cambodian capital, bringing with him his than the prewar per capita income for the "We want to have the amount of money aide de camp and personal staff. At the entire Cambodian nation; and it is about the and men we need to keep the Khmer going," · same time, the number of MEDT personnel same as the US has been spending annually one US official said, "but we are refusing whose job is to see that U.S. aid is being in the neighbouring kingdom of Laos for everything else." "properly used," has more than doubled most of the pa,st decade. The problem is that such a degree of de· Many obServers, in fact, believe that, de. The emergence of an American financial pendence, in itself, is already total. Even spite the Congressional ban, some MEDt c:>mmitment to the survival of yet another the most sanguine American and British ob­ members are fulfilling advisory roles with shaky Southeast Asian regime, at a time when servers say the Cambodian military effort the Cambodian Army. the US is ostensibly withdrawing from the would collapse without the continuing US To some experts, the growing influenc& region, is an exsmple of the built-in Ameri­ support. . of the military is an inevitable outgrowth of can tendency towards imperialism, and of the Almost without trying the US has made the slackening war in Vietnain. "The pres* Presidential power to finance such expansions an open-ended commitment here which is different in style but similar in substance to sure to increase the military presence here without congressional approval. is really strong," said one American diplo­ The US military effort to support the Lon its commitments in Laos and South Vietnam. mat in Phnom Penh. ••There are simply too Nol regime is a case in point. It began in The Americans who have fought to avoid many officers losing their jobs in Saigon. JunE• last year, with one retired army officer, the grandiose excesses that have charac- October 13, 1971 CONGRESSIONAL RECORD- SENATE 35965 These men are worried about their careers, North Vietnamese in their country, mostly The Pentagon would also establish a. three­ and you don't become a general sitting be­ east of the Mekong River. nation military committee with the Cam­ hind a desk in Washington." Others place SAIGON'S TROOPS UNPOPULAR bodians and South Vietnamese, in which the the blame directly on U.S. Ambassador to Defense Department would be represented South Vietnamese troops have periodically through Gen. Frederick C. Weyland, the Cambodia Emory C. Swank. For although moved into Cambodia to help out, but they Swank, a 49-year-old career diplomat, is said deputy commander of American forces in are no more popular among Cambodians than Vietnam. to favor what he jokingly refers to as a the Communists forces from the north and "medium profile," critics have charged that will in any case be needed for the defense he has knuckled under to the generals. of their own territory. PYRRHIC VICTORY ON THE BOLIVENS "Swank claims he's not competent to assess When the Joint Chiefs of Staff first con­ (By T. D. Allman) the needs of the military,'' said one embassy sidered the problem last June, they proposed official. "But in Fred Ladd. he's got the best The key to the endless Laotian war is the a 1971-72 military aid program of $350- American-South Vietnamese struggle for con­ adviser in Southeast Asia. By throwing up million, Congressional informants report. his hands, Swank is just trying to keep him­ trol of the access routes to South Vietnam. Secretary Laird said that he could not afford It is a. struggle which North Vietnam-in self off the hook in case everything goes that much and that Congress would not sup­ wrong." spite of this year's invasion of Laos, and con­ port such an increase. tinuing massive United States bombing Whatever the reason for the growing The chiefs said that with $200-million in primacy of the military, the betting is that here-is gradually winning. As the struggle military aid they could not increase the size expands, however, more and more of the hap­ it w1ll increase. For despite a pending of the Cambodian Army, but for $275-million less, impotent kingdom of Laos is reduced to amendment to the foreign-aid bill calling they could expand it to 225,000 men. Mr. an American fire zone, or a proving ground for a 150-man ceiling on U.S. personnel in Laird's budget pruners said that such an in­ for Communist troops. Cambodia, the Defense Department is re­ crease in strength could probably be achieved The latest part of Laos to be sacrificed to portedly going ahead with plans to expand with $252-million. the test of wills between Hanoi and Washing­ MEDT forces to an estimated 500 by the end But as finally submitted to Congress, the ton is the Bolivens plateau, a 5,000-foot high­ of next year. And there are signs that the Cambodian aid program called for $200- land which rises like a. landbased island above military men already in Cambodia are get­ million in military aid, $110-milllon in eco­ some of the most important infiltration ting more directly involved in the fighting nomic assistance and $15-million worth of routes of Indo-China. To the west of the there. American·helicopters have reportedly agricultural commodities, for a total of $325- plateau lies the Mekong River valley, an area begun transporting Cambodian troops into million. This was a net increase of $61- important to both the Thai and American battle areas and supplying them with am­ mfllion over last year's allocations. Governments. To the east of the plateau lie munition. And at Pochentong Airport in the Ho Chi Minh trail and the Sekong River Phnom Penh, U.S. forces recently opened a ALTERNATE PLANS OFFERED Nonetheless, in explaining their elaborate valley, down which the North Vietnamese are radio center (officially called a "navigation expanding a major infiltration route into aid") to coordinate air support for Cam­ military plans to Mr. Laird, in a memo­ randum dated Aug. 30, the Joint Chiefs in­ Cambodia. bodian troops. The situation in southern Laos and on the Though no one seriously suggests that thP. dicated that they could get around the limit on military spending and proceed with the Bolivens has been deteriorating seriously ever U.S. is about to slip into another Vietnam­ since the outbreak of the Cambodian war, scale involvement in Cambodia, the momen­ build-up. According to informants, the Chiefs offered when North Vietnam decided to reinforce tum of the buildup appears strikingly fa­ the trail and-largely out of fear of US at­ miliar. "The military are already falling four di:tferent ways of generating an addi­ tional $52-milllon so as to add 40,000 troops tempts to cut it--to protect its crucial supply all over themselves at the embassy,'' said one route by securing the Bolivens. However, the U.S. official. "Within a year, the Pentagon to the Cambodian Army and also raise the "paramilitary" force of armed civilians to unnoticed, costly war on the lush, cloud­ will have taken over our operations in Cam­ covered plateau recently gained notoriety bodia-and Swank and all the other ci­ 143,000. The first way would be simply to transfer when the United States, in an extraordinary vilians will be sitting on the sidelines just display of the totality of its involvement like the civilians in Saigon." $52-million from the economic aid program to military spending, which can be done later here, in effect stage-managed the govern­ in the fiscal year simply by the Administra­ ment reoccupation of the plateau's only town JOINT CHIEFS SAID TO DEVISE COSTLY tion's notifying Congress. The second way Paksong. CAMBODIA WAR PLAN would be to use the economic aid fund for The victory was contrived, Pyrrhic, and al­ WASHINGTON.-The Joint Chiefs of Staff the purchase of all "common use" items such most certainly temporary. But it served, if are said to have designed a costly program as trucks and jeeps, which have military as nothing else, as yet another example that of "pacification" and other unconventional well as civilian value, thus freeing other the situation in Laos admits only a political warfare for Cambodia to protect South Viet­ military funds. settlement, not a military one-a verity that nam's western flank as Americans continue A third way would be to increase procure­ the United States, to Laos's continuing mis­ their withdrawal from Indochina. ment for the United States Army by $52 mil­ fortune, still seems unwilling to accept. They have also proposed a series of budget lion and give the material to the Cambodians, The Communists seized the plateau-which devices to augment the funds that Congress for "repayment" later. The fourth way would long had served as a base for CIA clandestine will be asked to provide for expanding the be to make some exceptions in Defense De­ raids on the Ho Chi Minh trail-this spring. Cambodian Army over the next five years. partment supply regulations, declaring ad­ Over the past five months American-backed The Chiefs submitted their program last ditional equipment to be "excess" and de­ efforts to retake the plateau and restore Lao­ month to Secretary of Defense Melvin R. livering it to the Cambodians. tian morale and the CIA bases, however, have Laird, according to Congressional sources. Mr. The Pentagon planners said they were look­ turned the Bolivens into the most costly bat­ Laird, who has been bargaining with the ing ahead to further increases in the Cam­ tle in the Laotian war since the disastrous Chiefs since June about the cost of the effort, bodian Army, so that it would number government defeat at Nam Bac in Northern is described as still reluctant about the latest 256,000 men by mid-1973 and more than 300,- Laos in early 1968. The government side has version, which would double spending to 000 men by 1977. The paramilitary units, suffered about 2,500 casualties, an enormous about $500-million a year by 1977. they believe, must be augmented to nearly number for a country with a population of The final decision, however, will rest with only about two million. 200,000 by mld-1973 and more than 500,000 So far, the efforts to re-establish a Laotian­ a senior policy review group run by Henry A. in 1977. This would mean arming about 10 Kissinger, the President's adviser on national American presence on the much-bombed per cent of Cambodia's population of 7 mil­ plateau have failed. Last month, however, security affairs. lion, or nearly half the adult male population. How to protect Cambodia from the North yet another offensive began, this time with The Joint Chiefs would provide for a great political significance attached to it. Vietnamese forces and deny them the use of mechanized brigade, an artillery brigade and Cambodian territory for attacks against As Thai American, and Laotian forces massed coastal patrol units, as well as ground troops for the 'move to retake Paksong, the Laotian South Vietnam's population centers has be­ and extensive logistic support. They would come a major problem for Pentagon planners. Defence Minister-designate, Sisouk Na Cham­ look to the Agency for International Develop­ passak, vowed he would not leave Laos for .a As the American forces in Vietnam are re­ ment to help finance the paramilitary defense duced to 50,000 men, at the most, and come scheduled trip to Washington-where he lS forces, including the police. The Central In­ being carefully built up as the US Embassy's to rely on air power for operations in the rest telligence Agency would be asked to mount of Indochina, the planners are looking- to favorite candidate to eventually succeed a shall be available planning studies conducted or assisted un­ may be advisable; to carry out the provisions of section 208, der section 207. "(3) procure the services of experts and $60,000,000 shall be available to carry out consultants in accordance with section 3109 the provisions of section 209, $75,000,000 shall ''INFORMATION DISSEMINATION of title 5, United States Code; and be available to carry out the provisions of "SEc. 211. From funds available pursuant "(4) use the services, personnel, facilities section 210, $10,000,000 shall be available to to section 18(a), the Director is authorized and information of any other Federal de­ carry out the provisions of section 211 and and directed to establish a computerized New partment or agency, or any agency of any $60,000,000 shall be available to carey out Cities Research Information Service, which State, or political subdivision thereof, or any the provisions of section 212. shall collect and integrate the scientific, private research agency with the consent of "(b) Funds appropriated pursuant to thi.s technical, and social information pertaining such agencies, with or without reimburse­ section shall remain available until ex­ to urban services and systems resulting from ment therefor. pended." programs under this title, and shall provide "(c) Upon request by the Director, each SEc. 502. Section 5(e) of the National Sci­ such information to interested organizations Federal department and agency is authorized ence Foundation Act of 1950 is amended by in Federal, State, and local government, in­ and directed to make its services, personnel, adding at the end thereof the folloWing new dustry, academic institutions, and the not­ facilities, and information, including sugges­ sentence: "The provisions of this subsection for-profit sector, upon request from such or­ tions, estimates, and statistics, available to shall not apply to the authority granted to ganization, in accordance with such admin­ the greatest practicable extent, to the appro­ the Director under title II of this Act." istrative procedures as are established by the priate officer in the performance of his func­ Director. tions under this title, "SYSTEMS DEMONSTRATION "(d) The Director shall establish such eli­ ANNOUNCEMENT OF HEARINGS ON "SEC. 212. (a) From funds available pur­ visions or offices within the Administration THE UTIT.ITY CONSUMERS' IN­ suant to section 18(a), the Director is au­ as he deems necessary to carry out his func­ FORMATION AND COUNSEL ACT thorized and directed to make grants to, and tions under this title. OF 1971 to enter into contracts with, academic in­ "AUDrr Mr. METCALF. Mr. President the stitutions, not-for-profit institutes and or­ "SEc. 216. The Director and the Comp­ chairman of the Senate Subco~ttee ganizations, public agencies, and private troller General of the United States or any business firms, for the construction and pub­ of their duly authorized representatives shall on Intergovernmental Relations the dis­ lic exhibition of systems demonstration proj­ have access for the purpose of audit and tinguished Senator from Maine ' If that's true then this could Northeast ______63 34 3 white cannot be considered genocide. be the most historic Chapter meeting ever District of Columbia Mr. President, I call upon the Senate held. For I am going to ask you this evening metropolitan area _____ 71 22 7 to finance the finish of the cathedral. Southeast______--- -- 72 28 0 to ratify the Genocide Convention with Midwest ______- - --- 53 46 1 all deliberate speed. Of course, the question immediately rises, West______------61 36 3 "Why now-why is this meeting called just now?" I think there are three main reasons why it's got to be now. The first is because The economists' opinions on certain spe­ THE WASHINGTON CATHEDRAL our nation will soon celebrate the bicenten­ cific effects of the President's wage-price Mr. MATHIAS. Mr. President, the nial of its freedom, and it approaches this control program were obtained by asking anniversary at a moment which I can only them to respond with a yes, no, or no opinion Washington Cathedral was conceived as describe as a moment of uncertainty. Unlike to the statement: a ''house of prayer for all people. for­ those days in 1776 when we were sure of our "I believe that the current wage-price con­ ever free and open, welcoming all who mission in the world, we now seem to be trol program will (a) reduce inflation, (b) enter its doers." Those who know the wavering. So many of the landmarks which reduce unemployment, (c) increase business cathedral know that it has fulfilled this guided us in the past are blurred today. profits." commitment to the people of Washing­ Forces of leadership in the world are un­ [In percent) steady. There is a dearth of moral leadership ton, to the Nation and to visitors from all to lift up our nation at the very moment parts of the world. More than that, it has when the cathedral is becoming more visible Yes No No opinion become an inspiring feature of the on our capital's horizons ... the growing Washington skyline. both physically and power of its presence brooding over the city, Reduce inflation_------66 31 3 culturally. It is a monument not only to the nation, over all mankind. Reduce unemployment______27 62 11 the dedication and good will of Ameri­ Already there is a plan for the cathedral Increase business profits__ ___ 59 31 10 cans of many faiths and beliefs, but also in 1976. As you know, the interior of the nave to the spiritual life which has always will be complete by then. You ordered that In addition, the opinion among economists it be so, and it will be so. In that year the as to the probable duration of the wage and been an integral part of the American wall of partition, as I call it, will be moved. , price controls on the U.S. economy was de­ ideal. The church will be filled with a year-long termined by asking them to select the ap­ The completion of the cathedral is, celebration of faith-faith through music, propriate response to the statement: therefore, more than a matter of local through preaching, through meeting and "I believe that the present wage-price con­ interest and more than a matter of sec­ talking with people, through love, through trol program will be extended in a modified tarian pride. The fact that the cathedral all the ways the cathedral has to do its spe· form for an additional (a) 3 months, (b) can be completed as we celebrate the bi­ cia! and peculiar thing. 6 months, (c) 9 months, (d) year or longer." centennial of the foundi.'lg of the Repub­ As we build for this great anniversary, we Extension: Response must lay the ground work to go beyond lic has a special significance for all who it ... to complete the eloquent plow for God's 3 months------3 remember that the right to worship was hands which was entrusted to ours to build 6 months------14 one of the strong motivations for the 9 months------12 for all time to come. That's really the first Year or longer______64 planting of the Nation. reason why we ask. No opinion______7 I take special pleasure in calling atten­ The second reason why it should be now tion to the anouncement made by the involves people. Here, with your backing The most politically-significant findings of Very Reverend Francis B. Sayre, Jr., and your help, have been assembled lives the survey were the apparent prevailing views announcing the plans for the completion which have been invested in this work. The among economists that the unemployment competence to do the job is here, poised and situation will not be improved by the Presi­ of the cathedral. together with De"an ready. The grOOit architect still lives; a versa· dent's wage-price control program but that Sayre's prayer for the cathedral and ask tile and able clerk of the works; carvers and business profits will increase during the con­ unanimous consent that they be printed masons -unlikely to be available in years to trol period. The strong objections raised by in the RECORD. come; the enthusiasm of our friends in the key labor union leaders to the exemption There being no objection, the item was NCA, and out of it; the instrument of com· of business profits from price and wage con­ ordered to be printed in the RECORD, as munication, THE CATHEDRAL AGE; the trols are likely to be vigorously continued follows: incomparable stewards of music who pro· if business profits do in fact increase as pre· claim God's love and truth; and that most dieted, especially if accompanied by the pre .. DEAN SAYRE'S REMARKS TO THE SPECIAL MEET• marvelous of precentors, who came to the dieted lack of improvement in the overall ING OF THE WASHINGTON CATHEDRAL CHAP• job because he was the best impressario the unemployment situation. TER, OCTOBER 4, 1971 . cathedral ever had .•. such a staff as ours Over at NCS Ed Curran showed me the won1i come together more than once. The place mat by your plate. It is a simple mat. professionals i.n the area of finding resources He told me he couldn't find a completed have done their homework and we have a THE DIFFERENCE BETWEEN GENO­ picture of the cathedral for the place mats, team that 1s ready to roll. And we will roll CIDE AND MURDER only an architect's drawing that ended it together. Together we will be able to forge right there. So he gave that sketch to an a new and potent witness to God upon this Mr. PROXMIRE. Mr. President. many architect who sketched in the remainder. sacred hill. That's the second reason-the fears have been voiced about the possible That's what this meeting is all about-to people who are here, what they have put consequences of our ratifying the Geno­ sketch in the remainder, to draw in the finale into this place and wha.t they are ready yet cide Convention. One fear is that every of the great work given us when the bylaws to do. October 13, 1971 CONGRESSIONAL RECORD-SENATE 35977 The third reason is because we have a good We agree that the Nation has a severe Of course as Mr. Lewis points out, the start. There is already a tremendous momen­ inflationary problem. Congress urged British National Health Service has its tum rolling. That momentum wUl carry President Johnson to do something about .flaws, especially in areas like obsolete beyond the point of finishing the nave to the place where both towers will follow and it several years ago. We urged President facilities, and the shortage of doctors in the whole job wlll be done. And even beyond Nixon to take positive action early in his remote and poor areas. But overall, the that, for I expect that the momentum en­ administration. Most of us think he British health system has worked well gendered will succeed in partly endowing waited too long to impose wage and price for its people, and has many lessons that the work we have done, so that it may be controls. But now that he has done it, we in America ought to learn. maintained through the years. You, as now that he has been bqld enough to Last month, I had the opportunity to trustees of our cathedral, know how im­ change his own program to accept ours, visit Britain as chairman of the Senate portant that part of the cathedral Ur-the future part-how important that it be in­ it is imperative that we give him our Health Subcommittee, as part of our sured by endowment. wholehearted backing. subcommittee's investigation of Euro­ As I said, we have a good start and we do. Some people, especially those in the pean health care systems. In Britain, we At this moment we have the first great labor movement, think the President is saw firsthand many of the benefits of pledge, four and a half million dollars. I am going too far with wage controls. Some the national health service described grateful to the single individual who made think he is giving business too big an in­ by Mr. Lewis. Our subcommittee is now that pledge. A trust that was made in 1935 centive. Personally, I would prefer to see preparing a full report on the investiga­ has just come due. It will bring one million him make more significant cuts in for­ two hundred thousand dollars to the build­ tion as part of our continuing efforts to ing of this cathedral. Speak about momen­ eign aid and in overseas defense spend­ improve the quality of health care in tum! From 1935 until now-what seeds shall ing. I believe these cuts are necessary America. we be planting in the days at hand? to bring our balance of payments into Mr. President, because I believe that Yesterday the Dean of St. Paul's, London, better condition. Mr. Lewis' articles will be of interest to preached and then had lunch with me. He However, the President is on the right all Senators, I ask unanimous consent told me of his valiant efforts to find funds track. He is speaking softly, by urging that they be printed in the RECORD. for the job he must do, that of shoring up the American people to work together on the two great towers of the Wren dome. The There being no objection, the articles same thing confronts Westminster Abbey this severe problem. But he is also keep­ were ordered to be printed in the RECORD, whose dean is projecting a similar invest­ ing a ready grip on the big stick that we as follows: ment. I wish them well. gave him to handle this problem. He is PHYSICIAN, HEAL THYSELF: I But that is not the task we have to do. backing up his requests for cooperation (By Anthony Lewis) It falls to us not to shore up the ancient with a proper display of authority. LoNDON, Oct. I.-Wesley Hall, M.D., the towers of the past, but to build the new, to Mr. President, let us settle our differ­ president of the American Medical Associa­ be agents of insight for our people, to be ences in this program quickly and then tion, visited Britain last summer and went bearers of hope and courage for the new unite with Mr. Nixon in this attack on away distressed. He observed the National world that is now looking for fresh bearings Health Service in a small mining town in and meanings in this life. When one stops to infiation. We should avoid fights over petty issues. This is not a time for party Scotland and found it so bad that Americans think, it is true that all religions of the world would never tolerate it. have not succeeded in offering to man's spirit opportunism or parliamentary delays. "The people over there don't know any a place and a power big enough to unite This problem needs urgent attention. Let better," Dr. Hall told the :national Press Club mankind. The job has to be done, else the us get solidly behind the President so in Washington on his return. "It is tragic." world cannot survive. And I wonder on my that the American people will know Before Americans shed too many tears for knees whether Washington Cathedral may where they are going when the freeze the health of their British friends, it seemed not be the agent of that wider unity which ends November 13. They need to know. wise to look at a statistic or two. The result God alone can give and may give through of this check shows that Dr. Hall is faithfully such a project as we have here. How much We must give them the confidence nec­ ess•ary to make this program work. maintaining the A.M.A.'s well-known reputa­ more exciting our job than that of my col­ tion for accura.cy and fair-mindedness. leagues in London! We think we can do it. Infant mortality is one widely accepted But if that is true, it is no accident because PHYSICIAN, HEAL THYSELF test of a society's standard of health. In 1969 the pla.ns for doing it have been preparing the rate in Britain per 1,000 live births was 18 for the best part of two years. Mr. KENNEDY. Mr. President, two infant deaths; in the United States, 20.7. articles written by Mr. Anthony Lewis, Then there is the maternal death rate. In FOR WASHINGTON CATHEDRAL Britain the 1969 figure per 100,000 births was (Francis B. Sayre, Jr.) and published in the New York Times, provide a dramatic comparison of health 19, the American 27.4. OCTOBER 4, 1971. Not only are those British figures signifi­ Grant, 0 wondrous God, that in Thy care in America and Great Britain. The cantly better today. They were achieved, over cathedral, men shall behold Thy face and articles, entitled "Physician, Heal Thy­ one generation, from a starting point much know the mystery of Thy love. self," begin with a comment made by worse than America's. In 1945 the infant In the silence of night let her vaulted Dr. Wesley Hall, president of the AMA, mortality rate was 46 in Britain, 38 in the shadows tell of Thy grace sustaining; and on a recent trip to Great Britain, in U.S. The maternal death rate was an appal­ morning gold upon her tower reflect Thy which Dr. Hall criticized the quality of ling 1,260 in Britain, 207 in the U.S. people's crown, which is their hope in Thee. That generation is the one during which Let her be alive, Lord, with praise of Thee, health care available in Britain. the British National Health Service, the sys­ with bells and prayer, song and pageantry, In his articles, Mr. Lewis then proceeds tem of tax-supported medicine for all. was that gladness may warm her walls and free­ to cite a number of different and ac­ created and grew up. Of course that is not the dom be born anew. cepted indicators of health care, and only reason for the spectacular changes in So may Thy Cathedral grow, 0 Father, un­ demonstrates that, in each of these areas, the figures. But it is certainly not irrevelant til at last the instrument is finished, to shine that the British standard of infant and upon her Mount and to mark Thy children's the performance of the British health maternal survival caught up with America's, destiny; through Jesus Christ our Lord. system surpasses that of the United and passed it, precisely during the years o:t Amen. States. Thus, in areas like infant and the Health Service's development. maternal mortality, and the death rate Outside the maternal-infant area, Britain publishes death rates for men and women THE ANTI-INFLATION CAMPAIGN from a wide variety of diseases, they from a number of diseases. A table published have a better record in Britain than we Mr. ELLENDER. Mr. President, now in Social Trends, a statistical annual, uses that the administration has outlined its have in the United States. the 1950--52 average as a base of 100. If the plans for the post-freeze period, the Sen­ Mr. Lewis also makes the points that rate is up by 10 per cent in a later year, for ate should give him its full support in his the financial burden of serious illness is example, the table would show 110. anti-inflation campaign. far less heavy in Britain than it is in Seven leading causes of death were chosen There are, naturally, aspects of the America, and that nearly everyone in completely at random for comparison with Britain has a family doctor. No one in American trends: respiratory tuberculosis, President's plan which do not please us diabetes, arteriosclerotic heart disease includ­ all 100 percent. No program ever will. Britain is forced to suffer financial ruin ing coronary, hypertensive heart disease, in­ But I am confident that Senator LoNG's because of illness, and the British have fiuenza, pneumonia and bronchitis. With the committee will come up with the neces­ been much more successful than we have same 1950--52 base as 100, these were the U.S. sary changes to make this program ac­ in making decent health care available and British death rates for men in 1967, the ceptable to all of us. to all. last year available: 35978 CONGRESSIONAL RECORD- SENATE October 13, 1971 that argument gets the realities in the two United countries backward. SURVEY OF ECONOMISTS DOUBTS States Britain Many Americans have no family doctor. PRESIDENT'S PROGRAM WILL RE­ The poor rely mainly on charity treatment DUCE UNEMPLOYMENT Tuberculosis ____ ------______25 15 in clinics or hospital out-patient facilities. Diabetes ______------__ _ Mr. PROXMffiE. Mr. President, re­ 150 112 And there is a geographical factor as .well: Arteriosclerosis ______---- ______160 158 cently Profs. Vittorio Bonomo and Stan­ Hypertension •. ______•••• ______•• _ 55 40 Five thousand small towns are said to be Influenza ___ •• __ •• ----•••• __ •••• _ 20 9 without any doctor. It is estimated that 40 ley E. Boyle of the Department of Eco­ Pneumonia _____ ••• ____ ._ .• __•••• _ 135 118 per cent of Americans have no regular access nomics of the Virginia Polytechnic Insti­ Bronchitis _____ •.•.• ______••••• 253 91 to medical ca.re. Dr. Hall's freedom is a tute and State University in Blacksburg, middle-class myth. Va., surveyed 1,000 members selected at In every one of those randomly selected In Britain, by contrast, nearly everyone random of the American Economic Asso­ categories, then, the British figure is lower; does have a family doctor. Senator Edward ciation on their views of the President's the death rate has risen less since 1950-52 Kennedy remarked on it when he was here current wage-price control program. than the American, or fallen farther. A simi­ last month to look into the Health Service. lar table for women shows exactly the same He asked factory workers and all sorts of There were some interesting results from phenomenon, except that the British figures people questions about their medical care; the 605 economists who replied. are comparatively even better. among other things, he asked each person the Sixty-one percent were in favor of the Now there naturally may be many causes na.me of his doctor. To his astonishment, program. for the comparative death rate trends. Amer­ everyone ca me up with a name. Sixty-six percent believed that pro­ ican pollution could be growing worse faster, The reason is that everyone in Britain is gram will reduce inflation. This is not or family tensions increasing. But not even entitled to be on the panel of a general prac­ surprising as most of the demand infla­ the sophists of the A.M.A. could read those titioner in his area. Once he is on that list, figures to prove that Britons get inferior he may go to the doctor's office or receive a tion has gone out of the economy; un­ medical care. house call-yes, a house call-without fee employment is at the 6 percent level; and Dr. Hall should stop shedding tears for the and without the slightest red tape, not even industry is only operating at 73 percent British and start worrying about the real a signature. Relations between patient and of capacity. There is no danger of re­ problem. That is the inadequate medical care doctor ca.n in fact be quite personal and old­ newed demand inflation in these circum­ provided in the richest nation on earth. fashioned in this country. stances. Putting idle men to work on idle At its best American medicine is superb, Money is the more likely reason for A.M.A. machines is not inflationary. as British doctors often admiringly remark. opposition to anything like the National Only 27 percent--a very low number­ But too few Americans get the best. That is Health Service. A British G.P. is not paid fees why the United States is down farther than per visit. He gets a fiat Government salary believed that the President's program might be expected in world health tables, not plus additional amounts for special reasons, will reduce unemployment. only in comparsion with Britain. In infant such as a large list of patients. He has a pro­ Finally, some 59 percent of the econ­ mortality, for example, a 1969 United Nations fessional standard of living, but unlike his omists who replied think that the pro­ report showed 22 countries with a lower rate American counterpart he has no chance of gram will bring increased profits. than ours. becomin g a millionaire. Mr. President, I ask unanimous con­ The characteristic, generous answer to such The Health Service has faults, as British sent that the statement describing the evident national failings is to spend more medical people are the first to say. It is un­ poll and its results be printed in full at money. But we know by now that in the derfinanced in many ways: its facilities are this point in the RECORD. medical field that alone is no solution. The often outmoded; remote and poor areas in­ United States spends about 6.9 per cent of its evitably tend to be short of doctors. There being no objection, the state­ gross national product on health and medical But there are qualities in the British sys­ ment was ordered to be printed in the care, Britain only 4.9. tem that ought to commend themselves to RECORD, the follows: What needs to be changed is the system of Americans. One is universallty. Everyone ECONOMISTS' OPINIONS ON PRESIDENT'S WAGE delivering medical care to the individual knows that he is entitled to medical and AND PRICE CONTROL FREEZE PRIOR TO AN­ American. It is, as a British medical writer hospital care, without favor or explanation. NOUNCEMENT OF STAGE II PROGRAM put it, "a desperately inefficient as well as a Since that is the rule, forms and other red heartless way of bringing the benefits of The preliminary and partial results of the tape are seldom necessary. returns obtained to the first stage of a modern medicine to the population: despite Of course the middle-class or the well-to­ its wealth the health of America is poor." multi-stage nationwide opinion survey of d::l still have advantages: They subscribe to economists on the President's current wage­ private health insurance to assure earlier PHYSICIAN, HEAL THYSELF: II price control program were completed today hospital admlssion in non-urgent cases or to by Professors Vittorio Bonomo and Stanley (By Anthony Lewis) get private rooms. But almost any G.P.'s of­ E. Boyle of the Department of Economics LoNDON, Oct. 3.-Robert Deindorfer, a New fice will demonstrate that access to medicine of Virginia Polytechnic Institute and State York writer, was here with his family last is now as close to a classless affair in Britain Un iversity in Blacksburg, Virginia. summer in Lower Slaughter, a Cotswold vil­ as in any Western society. Professors Bonomo and Boyle conducted lage. His four-year-old son, Scott, became se­ Another vital quality is the subordination their mail survey over the period September riously ill and spent three nights in a hospital, of money as a value in the medical profes­ 14-29, receiving responses from 605 econo­ having numerous tests and intravenous feed­ sion. Many American doctors are motivated mists throughout the nation out of 1000 ing. Scott was in private room, and Mr. and by traditional idealism, but the system of economists .selected at random from among Mrs. Deindorfer were given a room near him. private practice seems to have turned too the 12,000 members of the American Eco­ The hospital's bill at the end was $7.80--for many others into grasping businessmen. The nomic Association. the parents' meals. American public senses that, and so do many Some of the major findings of the survey That is not a unique experience fm: Ameri­ young doctors repelled by the image of their were: cans in Britain. A fair number have dis­ profession. It is a sick society that has doctors 61 percent of all U.S. economists are basi­ covered, to their amazement, that in emer­ as its highest-paid workers. cally in favor of the President's current wage­ gencies they can receive free hospital care The National Health Service has had prac­ price contro! program. under the National Health Service. tical results that are readily measurable. Although 66 percent agree that the Presi­ The experience of Britons taken ill while There have been dramatic improvements dent's wage-price control program will reduce visiting the United States is not exactly the in British health standards in the generation inflation, only 27 percent believe that it will same. A year ago Reginald Forrester, a busi­ since the service began. reduce unemployment. Moreover, 59 percent nessman, was rushed to a hospital in New But the psychological benefits may be as of all economists think that the controls York in desperate condition. The hospital great as the medical. In matters of life and program will increase business profits. would not admit him until it obtained a fi­ death, any civilized society should strive 64 percent of all economists are of the nancial guarantee. He died sixteen days later, for equal treatment. That is an advantage to opinion that some form of wage and price and Mrs. Forrester was given a bill for the privileged as well as the deprived. It is controls will be extended for an additional $12,000. really a moral advantage. one year or longer beyond the current 90- Many horror stories of that kind have been The Roman Catholic Primate of England, day freez~ period. told here---<>! humiliating terms for admis­ Cardinal Heenan, was speaking last year sion to American hospitals, of bills beyond The President's wage-price control pro­ British imagination. The general advice is about contemporary morals. He worried gram has majority support in all sections of that given in the title of a B.B.C. television about challenges to decency, but then he the country. The highest favorable rating was program: "Don't get sick in America." said: recorded for the Southeast where 72 per­ The president of the American Medical As­ We have made great moral progress. Any­ cent were in favor. The lowest favorable sociation, Dr. Wesley Hall, recently renewed one who sneers at our welfare state needs to rating occurred for the Midwest, with 53 the A.M.A.'s warning against adoption by the live in such a highly sophisticated country percent in favor. United States of anything like the British as the United States, where a family can be A majority of economists in all xnajor em­ Health Service. Americans, he said, must have reduced to misery by the cost of medical ployment categories support the President's the freedom to choose their own doctor. But treatment." program, ranging !rom 71 percent of econo- October 13, 1971 CONGRESSIONAL RECORD-SENATE 35979 mists employed by business in favor to 57 the Jewish Theological Seminary of immense, and he has lectured at Harvard, percent of academic economists in favor. America. The views of Rabbi Finkelstein Princeton, Oberlin and other colleges. In 1969 General support for the President's wage­ are worthy of the attention of the Sen­ he became the first rabbi to preach a sermon price control program among economists is at the White House in one of the East Room retlected in the tabulations of the survey ate. I ask unanimous consent that they services conducted at President Nixon's results presented by Bonomo and Boyle. The be printed in the RECORD. request. ' economists were asked to respond to the fol­ There being no objection, the article "The world is getting very complex and, lowing statement. was ordered to be printed in the RECORD, what's more, very crowded," he remarked. "It "On Balance, I (am in favor/am not in as follows: is much more difficult to be a gentleman in a crowded subway train than it is in a taxi­ favor/have no opinion as to the desirability) "THIS Is A GooD TIME FOR JEWS . . ." of the President's current wage-price con­ cab. We are breathing polluted air, drinking trol program." (By Robert J. Donovan) polluted water. All this seems to be affecting NEW YoRK.-"This is a good time for Jews " us somehow. Rabbi Louis Finkelstein, the retiring chan­ "The worst thing in the world is to have Not in favor No opinion cellor of the Jewish Theological Seminary of anxieties. Fears of hobgoblins bring out the In favor America, observed. worst in us. Since the invention of the atomic "Two miracles have happened to us in this bomb the whole world has seen terror, spok­ All economists ______61 37 2 one generation, either one of which would en or unspoken. ';I'his is a really tragic devel­ Employment: Academic ______------57 43 3 have been amazing. One was the establish· opment. People who are fearful and anxious Business ______---_- 71 29 0 ment of the state of Israel after 2,000 years. say things and do things that they them­ Government______G8 28 4 I was a Zionist, but I never expected to see selves regret afterward. The Talmud has an Other ______------68 28 4 this in my lifetime. The other is the emer­ expression for that: A person must not be Region: Northeast _____ ------63 34 gence of American Jewry in its present held responsible for what he says when he District of Columbia vigor.'' is in n~in.'' metropolitan area ___ -- 71 22 7 Out of these twin developments is there for Naturally he has been concerned by the Southeast______----- 72 28 0 American Jews a danger of conflicting loyal­ tensions between blacks and Jews in re­ Midwest______----- 53 46 1 ties as between the United States and Israel? centyears. West_ __ ------61 36 3 "The J~wish law is clear," Dr. Finkelstein "I feel the race problem will solve itself. said in an interview. "If you live in the coun­ There was a time when the Irish and Jews The economists' opinions on certain specific try and are a citizen, you have to be loyal to didn't get along too well. Nevertheless Ken­ effects of the President's wage-price control that country. With the country providing nedy was elected with important help from program were obtained by asking them to everything y~u have, you can't act against its the Jewish vote. respond with Yes, No, or No Opinion to interests or speak against its interests. "I was sent by President Kennedy to the the Statement "Jews naturally will be concerned about Vatican when this Pope was inaugurated, and "I believe that the current wage-price con­ their fellow Jews, and especially in this par· the Pope knew I was a rabbi, a Jew. I was trol program will (a) reduce intlation, (b) ticular age when every Jew who is alive has treated wi' h the utmost kindness and hos­ reduce unemployment, (c) increase business a sense of guilt over those 6 million who are pitality. We have Jesuits lecturing here, and profits." not alive (because of Hitlerism). It there is I have lectured at Jesuit seminaries. (In percent) any danger to the 2Y:z million Jews in Israel "I expect to see great changes happen in of destruction, I would do anything I could this country. We have Negro mayors now, and I imagine that sooner or later the black pop­ Yes No No opinion to help them, short of injuring the interest of this country. unless I packed up and moved ulation will have a controlling influence in to Israel, which is my privilege. states like New York and Illinois and some Reduce inflation ______66 31 3 "I think that is about how Catholics feel of tl:) Southern states. Reduce unemploymenL ____ _ 27 62 11 Increase business profrts ___ _ 59 31 10 about the Vatican. I have children and "All the blacks need now is education and grandchildren in Israel and have a great stake housing. And jobs of course. A Negro who in the safety of Israel. can earn $10,000 a year w111 be offered 20 In addition, the opinion among economists "But I think if I were an official. of the jobs. It is the poor Negro who can only as to the probable duration of the wage and State Department, which is improbable, I earn $~.000 a year who has difficulty." price controls on the U.S. economy was deter­ could carry out my oath of allegiance with· "Sirce the 1960's," he noted, "the young mined by asking them to select the appro­ out any qualxns about Israel. peoples' minds have been to a great extent priate response to the statement "A contlict of interest has not yet arrived. intluenced by their peers-overwhelmingly "I believe that the present wage-price con­ I can imagine a situation when it might so. The young people of this generation have trol program will be extended in a modified arise, and every one of us would have to lost faith in the moral stature and leadership form for an additional (a) 3 months, (b) 6 choose whether he wanted to live in America of their parents' generation. months, (c) 9 months, (d) year or longer." or Israel, but he couldn't live he·re and be a "Now that cannot but affect the attitude of Extension Response traitor." Jewish young people too, and we have to (percent) Looking back over a long life as a distin­ work harder now than we ever did before to get the Jewish tradition understood by our 3 months------3 guished scholar Rabbi Finkelstein focused 6 months______14 upon the 1920s as a time of emergence of the youn~ people. Most Jewish parents that 1 know are keenly aware of that. They turn to 9 months------12 Jews in America. Year or longer______64 "The poor immigrants had found their this seminary now in numbers beyond what No opinion______7 place, their children were getting an educa­ we ever had before. tion (and we were educating girls and women "Many students coming here wanting to be The most politically-significant findings of teachers, which had not been common among rabbis and teachers already had prepared the survey were the apparent prevailing views Jews). It was clear that sooner or later these themselves for other callings. They suddenly among economists that the unemployment children would have a great deal of intluence discovered that there is need for them in this situation will not be improved by the Presi­ in the community and also that they would area of saving the contribution the Jewish dent's wage-price control program but that retain their spiritual heritage.'' religion makes to civilization." business profits will increase during the con­ As the generations pass and the world trol period. The strong objections raised by around them becomes increasingly secular, is key labor union leaders to the exemption of there a danger that Jewish identity will tend business profits from price and wage controls to disappear? TRIDUTE TO SENATOR ELLENDER are likely to be vigorously continued if busi­ "Of course we are accustomed to that. It all Mr. FULBRIGHT. Mr. President, it is ness profits do in fact increase as predicted, Jews who existed in the first century and especially if accompanied by the predicted with great pleasure that I join his many their descendants adhered to the Jewish re­ other friends in wishing Senator ELLEN­ lack of improvement in the overall unem­ ligion, there would probably be a half a bil­ ployment situation. lion of us now. There has always been a DER a happy 81st birthday. wearing away of the weaker brothers. ALLEN ELLENDER is one of the most re­ "Whatever else there is to say about being markable Members of this body. As REFLECTIONS OF RABBI LOUIS a Jew, it doesn't happen to be convenient, so chairman of the Senate Committee on FINKELSTEIN aJ.wa~ the people who are willing to give up Appropriations, he has diligently pro­ some convenience because they think it is tected the American taxpayer against Mr. SCOT!'. Mr. President, the Tues­ worthwhile will remain in the fold. I think day, October 12, Los Angeles Times con­ wasteful Government spending. By his this is true of the overwhelming majority of own account, he can spot a misplaced tains a most interesting feature article American Jews, including the youth." decimal point from across a room. As the entitled "This Is a Good Time for Jews." Dr. Finkelstein, who is 76, was at one time Robert J. Donovan, associate editor of president of the Jewish Theological Seminary. former chairman of the Committee on the Times, has written this penetrating In recent years he has held the title of chan­ Agriculture and Forestry, and now its report on the reflections of Rabbi Louis cellor, a post from which he will retire next ranking Democrat, Senator ELLENDER has Finkelstein, the retiring chancellor of June. His output of scholarly work has been exercised a very considerable influence 35980 CONGRESSIONAL RECORD-SENATE October 13, 1971 on the basic economy of my State and of Center in this city. Mr. White suggests weaknesses, (5) his reputation in his own all other agricultural States. His contri­ that private or public resources might community, (6) his reputation for probity bution to farm legislation is immeasur­ provide an optional period of up to 12 or and integrity, and (7) indications of his in­ 18 months after retirement, during tellectual capacity to grasp complex and dif­ able. ficult substantive issues. Senator .ELLENDER has established an which time the ex-commissioner or board The Senate committees which must pass outstanding record in other areas as well. member would be assured of income and upon the nominees also have a special bur­ As chairman of the Public Works Sub­ could engage in scholarship, teaching, den in their examination of Presidential committee of the Committee on Appro­ writing, or similar activity related to his nOminees for regulatory bodies. If they were priations, he was one of the most active former position. From his experience, Mr. to make it known, formally or informa.lly, and effective advocates of all programs White concludes that such an assurance that they intend to inquire very fully into seeking to conserve our natural would alleviate the irrelevant but very the background and qualification of nomi­ resources. real pressures facing regulators nearing ne~s for independent regulatory agencies, th1s would have a salutary effect. I do not He devoted himself tirelessly to the the end of their terms, and I should like advocate wholesale rejection of Presidential task of allocating available public works to share his thoughts with Senators. nominees, even by committees with majori­ funds according to the needs of each I ask unanimous consent that Mr. ties different from the political party of the section of this Nation. His aid and sup­ White's paper be printed in the REcORD. President; rather, I would expect them to port were essential and decisive in the There being no objection, the remarks focus on the factors mentioned earlier, and development of the Arkansas River were ordered to be printed in the RECORD, if a candidate is found wanting, his name navigation project, which is one of the as follows: should be Withdrawn or voted down by the Senate. By making this point, I do not in­ most significant public works programs PROPOSAL FOR DEPARTING REGULATORS tend to imply that it has not been done in ever undertaken. (Remarks of Lee C. White) the past in some instances; what I do sug­ ALLEN ELLENDER was in the Senate Seminars assembled in connection With gest is that it be done in each instance. when I came in 1945. Since that time I the dedication of a new law school building, I would urge professional societies and have come to rely heavily on his great even for an old law school, should perhaps academic organizations to submit names of knowledge and wisdom. One aspect of focus on legal issues, theories, analyses, etc. individuals for consideration by the Presi­ Senator ELLENDER's career that is gen­ I have, nevertheless, chosen to talk not dent for each vacancy, although I do not be­ erally overlooked is his contribution to about what members of regulatory agencies lieve that a resident should limit himself to our knowledge and understanding of our decide, or even how they decide issues before names submitted by any group, even one them, but rather about what happens to that he might set up. Similarly, I would urge relations with other countries, especially regulators--or more accurately what should them to comment on these individuals whose the Soviet Union. Senator ELLENDER has happen to them-as they leave the scenes of terms are expiring and who may be candi­ traveled more extensively than any their carnage and mischief. dates for reappointment. For completeness, I Member of the Senate and has reported There are some recurring aspects of life would suggeset that all regulated industry to the Senate with pictures and verbal that take on a comforting character: the groups suggest names for residential consid­ descriptions of his trips on numerous oc­ first warm days of spring, the beginning of eration, a suggestion that is probably the casions. He has shown a deep and sym­ school, Thanksgiving, Christmas, and so least necessary that I have made or will forth. Although not quite so regularly, and make. pathetic understanding of the world's maybe not so comforting, as those men­ But enough about how to get the best people. As I look back upon the last 25 tioned, examination and critiques of regu­ people. I would like to focus attention on a years, there is no man in public life latory agencies also come along rather fre­ rather troublesome and, so far as I am aware, whose judgment about the Soviet Union quently. The immutable rules of this partic­ little discussed facet of life on a regulatory has been more accurate than Senator ular game call for such assessments to have body. The generic topic might be labeled ELLENDER's. Personally, on many of the a section devoted to the topic "We must im­ "Do old regulators really fade away?" most difficult issues in this area of our prove the quality of appointees to our regu­ There have been occasions when Congres­ relations, I have found Senator ELLEN­ latory bodies." sional anger has been aroused, when news­ As a refugee from the alphabet world of paper commentary has appeared and when DER's attitude to be of great importance Federal regulatory agencies--3Yz years at the the regulators themselves engage in intro­ in the deliberations which take place in FPC-I can attest that the quality of Fed­ spection about the more glaring and dis­ this Chamber. eral regulator is uneven and that the ques­ comforting instances in which regulators I congratulate ALLEN ELLENDER on his tion warrants attention. The major respon­ and representatives of the regulated indus­ first 81 years and wish him happy, sibility and opportunity for improvement at tries practically trade places. Periodically, the healthful years to come. the Federal level obviously rests With the Interstate and Foreign Commerce Committee President--translated loosely, and there of the House of Representatives expresses really is no other way, this means the Presi­ annoyance when members of the ICC leave A YEAR OF INSULATION FOR FED­ dent and his staff. Inducing able people to to take positions at or near the top of trade ERAL REGULATORS accept these assignments is an aspect of associations whose members are regulated Presidential leadership, style and appeal. by the ICC or in the companies themselves. Mr. KENNEDY. Mr. President, a re­ But there are a few mechanics that ought Similarly, a minor ripple occurred no more curring problem with Federal regulatory to be ticked off that can perhaps enable any than a month ago when the retiring General agencies is the status of retired or un­ President to do a better job in meeting this Counsel of the Food and Drug Administra­ reappointed regulators. Many of them particular responsibility. tion assumed the presidency of the Institute A President who plays a major role in fix­ of Shortening and Edible Oils to be succeeded take positions with the industries they ing the criteria to be used by his staff in by an individual who had prior to his desig­ have just been regulating, creating prob­ preparing a slate o! candidates and in going nation as General Counsel been a lawyer lems of maintaining at least the appear­ over· the choices--even on occasion rejecting for the very same Institute for Shortening ance of disinterestedness on the part of the whole package-is likely to produce bet­ and Edible Oils. the agencies. Another aspect of the prob­ ter results than the President who virtually It is not my thesis that one who spends lem is the dilemma faced by the commis­ delegwtes the responsibility to others. On oc­ a considerable amount of time in a particular sioner approaching the end of a term casion, the President may even have to do administrative law specialty should be barred a little personal persuading to get the per­ permanently from participtaing in that field without any knowledge whether he or son he wants. Presidents are busy, but Presi­ in which presumably he has developed some she will be reappointed. A desire for re­ dential appointments are important, par­ expertise. There are statutes and agency rules appointment may exercise insidious pres­ ticularly those With a fixed term of years in­ governing representation by former Commis­ sure on decisionmaking, and the regu­ volved. Mistakes are tougher to rectify in sioners and staff in matters that they had lator who expects to have to find other this arena. participated in actively while serving in a work faces the tension between the strict That each potential appointee should be governmental capacity. The larger question scruple of doing nothing which might measured against a checklist is hardly revo­ of how an individual will choose to occupy lutionary and the factors examined are the himself during the time following his de­ even appear to affect voting and the basic ageless ones. Not wanting to leave any­ parture from a Commission is determined by pressing necessity to be sure of an in­ thing to chance and indulging a penchant a whole host of highly subjective determina­ come when the. agency job ends abruptly. for stating the obvious, I will itemize those tions. I would not wish to impose my per­ Lee White, until 1969 Chairman of the that readily come to mind: ( 1) demonstrat­ sonal preferences on others or to suggest Federal Power Commission, recently dis­ ed breadth of view, (2) whether the indi­ that they be embodied in requirements. vidual's past activities pose problems of real But this leads to what I regard as a very cussed this problem in a thoughtful or apparent conflicts of interest, (3) an as­ disagreeable little problem. I am referring to paper delivered at a seminar on the ad­ sessment by former superiors and colleagues the subtle and immeasurable pressures that ministrative process during the dedica­ of the individual's capacity to function in a begin to mount as the individual regulator's tion of the Georgetown University Law collegial forum, (4) political strengths or term begins to come to a close-in most in- October 13, 1971 CONGRESSIONAL RECORD-SENATE 35981 stances, about a year before the actual ter­ be free of these very real, but irrelevant and his office to a government which contin­ minal date. For those who are independently distracting pressures. It may well be, there­ ues to torture and imprison those who wealthy, for those who will return to their fore, that Congress itself should consider would speak out against it. fathers-in-law's business, for those who are what might be regarded as a highly sophisti­ being promoted to a different appointive job cated type of optional severance allowance. Mr. President. I endorse this criticism. (and know about it) and for those who are Who should be eligible?-As a minimum, I The Vice President's visit comes at a time otherwise absolutely certain about what they believe that departing members of the major when the Foreign Relations Committee will be doing when their term expires, (un­ Federal regulatory agencies should have such is considering the cutoff of all aid to less it is an industry post in the fields they an option available to them. If, however, the Greece as a clear statement of the Con­ regulated) there is very little difficulty. concept is worthy, eligibility should not be gress' opposition to its present policies. The serious problem rests with those who restrictive but should be as broadly-based as His visit is, therefore, at best inauspi­ are not in such a position. Having observed possible. It is easily predictable that a rela­ cious and ai worst an intended endorse­ both ends of the Federal appointive process­ tively small percentage of outgoing regula­ ment of "friendly" dictatorships. from the position of the White House staff tors is likely to take advantage of such an and from a position as a member of a regula­ arrangement--the significant aspect of it, in I ask unanimoUs consent that Mr. tory body, I can assure you we can take for my judgment, would be its availability. Childs' telling column be printed in the granted that Presidents are most unlikely to What should be the period of time?-As RECORD. reach an early decision as to whether Com­ indicated, I have thrown out the suggestion There being no objection, the article missioner "X" will be reappointed or disap­ of 18 months, although certainly if it were was ordered to be printed in the REcoRD, pointed. Thus, poor old "X" is required to limited to a year that, too, would be helpful. as follows: I do not believe any participant in such a face up to that deadline when he may find AGNEW RISKS Row ON GREECE himself without a job, a staff and, more im­ program should be obligated to stay the en­ portantly, a monthly check. tire time, since conceptually the arrangement The rule for Vice Presidents is to keep mov­ My own observations suggest very strongly is intended to afford him adequate time to ing, and Spiro Agnew is no exception. He is off on another tour, with a last stop cer­ that there is a subliminal change that takes make his transition. What should the regulator do with his tain to have loud political repercussions. place as the hero of our operetta tends to After Turkey and Iran he will visit Greece, take positions on issues before him that will time?-On this point, I would permit the re­ tiring regulator to be free to engage in any which has long been tops on his priority list. secure expressions of support--from indus­ After two days in an official visit with the try or consumer groups depending upon who reasonable activity related to h1s former posi­ tion. illustrations are the writing of his own colonels who have held authoritarian power the President is and what the member's past since they overthrew the elected government record has been-for his retention and ulti­ experiences or memoirs, teaching or lecturing in his fields of special competence and the of Greece in 1967, the Vice President makes mate reappointment. Even 1f he has decided a sentimental pilgrimage to the birthplace of not to accept another term or has been told writing of serious and learned articles on issues that may have attracted his interest his fa.ther at Gargalianol. that he will not be redesignated by the Presi­ If recent precedent for high-ranking Amer­ dent, he then faces the problem of how to go while serving in h1s governmental position. Quite obviously, one of the important uses of ican visitors to Greece holds good, Agnew about setting up h1s After-Government life. will have at his elbow, Thomas A. Pappas. Aside from being improper, it may be awk­ h1s time would be to decompress and to con­ sider job opportunities. A Greek-American with residence in Boston, ward and demeaning for him to be job seek­ Pappas has large holdings in Greece, in­ ing, particularly 1f he is looking in the area CONCLUSION cluding oil refineries-distribution through where his agency experience might normal­ Those who are selected to serve on a.d­ Esso-Pappas--steel, petro-chemicals and ly, logically and naturally point him. ministratvie agencies in a role as regulator, Coca Cola. Because of h1s in with the colonels Quite clearly, Federal judges do not have by the nature of their assignment, face a and his closeness to the Nixon administra­ a comparable problem simply because their whole barrage of dlfficult and frequently tion, Pappas has become a controversial fig­ tenure is for life. I do not advocate lifetime complex issues. They are not necessarily seek­ ure in the conflict centering on continuing appointments to regulatory bodies even ing sympathy since, for the most part, they military aid to the dictatorial regime in though that might solve this particular prob­ come voluntarily to the assignment--rarely Athens. lem for regulators. My preference is to devise are any of them shanghaied into a commis­ He was with Secretary of Commerce Mau­ an arrangement which removes the pressure sioner's chair. Nevertheless, from the pub­ rice Stans when Stans, preceding the read­ and the awkwardness from our departing lic's point of view, every proper effort should ing of his prepared speech which he had sub­ regulators. be made to ensure that we secure not only mitted to American Embassy officials, led off In brief, the idea is to establish a program the ablest people to serve in those positions, with rosy extemporaneous remarks about the whereby all who are leaving Federal regula­ but every reasonable effort should be made to junta. Pappas is credited with being host for tory positions can be secure in the knowledge enable each of them to do the best possible the dinner of Greek Deputy Prime Minister that at least for a fixed period of time, per­ job. Stylianos PaJttakos and President Nixon's haps a year and a half, they will be able I have focused on that relatively short brother, Donald, when the latter came to to continue at their salary level and in an period at the end of a regulator's term where Athens to arrange a catering contract be­ environment in which they can leisurely pressures and personal concerns begin to as­ tween the Marriott corporation and Olympic and without embarrassment contemplate the sume an importance that can subconsciously Airlines, which is owned by Aristotle Onassis. next portion of their career. Quickly, a whole and imperceptibly distort the regulator's For 20 years a member of the executive host of questions about the details of such a balance. Despite the fact that there may be committee of the Republican National Fi­ proposal come to mind. I will suggest an ar­ some whose actions lead me to believe that nance Committeee, Pappas is said to have rangement that in my view would meet the a little distortion might be a good thing, we been as in.fl.uential as any single individual needs, as I see them. But let me emphasize have to keep our eye on the system and strive, in putting Agnew on the ticket in 1968. He that implementing specifics are relatively un­ where possible, to offset improper in.fl.uences. raised large sums for the Republicans along important. My principal concern is that some The proposal outlined in this presentation with h1s own generous contributions. A re­ satisfactory plan be devised and put into is offered, not as a finished blueprint, but as ported contribution by Onassis of $100,000 effect. a concept which I hope will receive attention first appeared in the Jack Anderson column. Who should undertake such a plan?-One from those who have the capacity to develop This was subsequently checked out with a ot the reasons for discussing this proposal in an idea into a program. telephone call to the Greek ship owner, who connection with the dedication of a law told the inquirer that he had given to both school is my belief that the academic com­ parties in '68. munity is a highly appropriate one for un­ THE NEW GREEK TRAGEDY Against this background the President is dertaking such a mission. For example, it HARTKE. put on an embarrassing spot by an amend­ seems to me that a consortium of law schools Mr. Mr. President, contrary ment to the foreign aid bill denying help or of universities could enter an arrange­ to the pronouncements of the present to Greece unless the President specifically ment whereby each of the participating in­ Greek regime and the rosy estimates of holds that it is in the national interest to do stitutions would agree to make a suitable administration spokesmen, constitution­ so. On the recommendation of Rep. Benja­ and hospitable place for a departing regu­ al government has not been return.ed to min Rosenthal's Foreign Affairs subcommit­ lator. The American Bar Association, simply Greece. Although 4 years have passed tee the normally conservative House adopted because of the· preponderance of lawyers since the overthrow of its lawful govern­ this amendment by a vote of 122 to 57. among those serving on regulatory bodies, ment, the current government has taken The Senate Foreign Relations Committee might well undertake to adopt such a pro­ no concrete steps to restore basic consti­ has tentatively approved an amendment with gram. Research institutions, such as the identical language. I! anything, when the Brookings Institution, could band together tutional rights. measure goes to the Senate floor this is likely in such an effort. And finally, I would sug- In a column published in today's Wash­ to be strengthened. Sen. Vance Hartke (D­ gest that 1n my view it would be a useful ington Post, Mr. Marquis Childs cites Ind.) is proposing that aid to Greece be cut and worthwhile expenditure of public funds this lack of progress and criticizes the off without any presidential waiver. Senators to finance such a proposal so that the final decision of Vice President Agnew to visit on Foreign Relations are incensed over the period or service by Federal regulators could Greece and thereby lend the prestige of Agnew visit, feeling that the Vice President CXVII--2263-Part 27 35982 CONGRESSIONAL RECORD-SENATE October 13, 1971 in his exuberant fashion will bestow his largely at the mercy of what the Penta­ for our taste. holds that after their initial blessing on the colonels. gon wants to tell us. defeats two years running on the Safeguard Rosenthal is considering holding hearings authorization, the bloc of interested and crit­ into Pappas' relationship with the regime Fourth, on the whole the Armed Serv­ in loal legislator..; simply did not have the in Athens and whether he has overstepped ices Committees both Houses are com­ heart to go on with other challenges to the laws covering the dealings of a private citi• posed of Members who are more sym­ military. There is, in addition, the fact that :loen with a foreign government. This could pathetic to the military than the aver­ fulltime work o~ headbreaking detail is re­ produce some extremely interesting testi­ age Member of the House or Senate. This quired if anyone is to make a sensible chal­ mony on the Boston-Washington-Athens axis comes both from convictio~ and from lenge to various parts of the Pentagon budg­ and Pappas' role as a power broker. State or district interest, but it is a ma­ et, just as it is required (and undertaken) by The Vice President on his current tour goes jor factor. On the whole, the Pentagon those defending that budget. In our view all first to Turkey, then to Iran where he will is preaching to the converted when they this may explain the lassitude and indiffer­ represent President Nixon at the ceremonies ence in the Senate this year. but It does little marking the 2,500th anniversary of the make their requests. Finally, I want to to justify either. Iranian Empire. mention the whole question of secrecy. There are, however, some built-in impedi­ The end of the tour in Greece is a test both Much of the testimony is held behind ments to making prudent decisions on this for American policy and for Agnew. The trag­ closed doors. The Pentagon selectively subject In the Senate and to translating such edy of Greece today, as underground re­ releaSes the information which they be­ decisions into a majority vote. These have to ports tell of torture and imprisonment with lieve is most helpful to them. Certainly, do with the budgetary process itself, and if no likelihood of restoration of constitutional they do not publicize the weak points in one looks at the principal arguments in sup­ government, could have come out of Euripi­ port of some of the most questionable proj­ des so dark is the fate of a hapless people. t~1eir case. At the end, several expur­ ects that were funded in this year, one begins As for the Vice President, like two of his gated volumes of testimony are released. to see how that process tends to control the Immediate predecessors, Richard Nixon and This is far too much for any ordinary Congress-instead of the other way around. Lyndon Johnson, he is keeping the show on Member of the Senate or House to digest As it seems, it is always either too soon the road. You can make a case either way in a few days. (the B-1) or too late (the F-14) for Con­ as to whether this helps or hurts his chances All of these factors, plus several I have gress to exercise a restraining influence on at a second term as second man. left unmentioned, are the root causes of any given weapons system. Cautious and rel­ atively cheap research and development on the bill's easy sailing. some project that could be critical to our THE PENTAGON BLITZKRmG-HOW SOME MODEST SUCCESSES defense can hardly be opposed at the begin­ THE DEFENSE DEPARTMENT GETS Nevertheless, one should not shirk from ning. Then, in all but imperceptible yearly ITS MONEY the effort of attempting to subject the stages, the project develops Into a major in­ military budget to constructive criticism. vestment and one that is passionately de­ Mr. PROXMIRE. Mr. President, in I say this especially because we have had fended by the service involved. To abandon Tuesday's Washington Post there was a it outright would be a shameful waste, it is some success in the past. Our fight post­ balanced and responsibly critical edito­ argued. Merely to delay it (the argument goes poned the building of an additional car­ rial on the Senate debate and passage of on) would be to kill it, since the techno­ rier. It resulted in cutting back the num­ the military procurement bill. The edi­ logical "team" would be dispersed; besides, It ber of C-5A planes from 120 to 81. The would cost more, not less, if procurement ~~rial rightly states that a 1mmber of ABM, while not defeated, has been lim­ occurred at a later date. Recent studies (gen­ Senators gave little more than lip serv­ ited through congressional criticism. erally made by the service Itself) demon­ ice to the question of reordering priori­ Furthermore, the Appropriations Com­ strate good new results. It is--owing to com­ ties, and properly points out the spe­ mitments and investments long since made­ mittees in both House and Senate have ciousness of some of the arguments and the only weapons system available to counter justifications for specific weapons sys­ made massive cuts in military appropri­ a particular threat that will soon be upon tems. It also is highly complimentary of ations over the last few years-cuts which us. And so on. Senators and representatives, the amendment my colleague from Wis­ total as much as $15 billion. even those who do their committee home­ Mr. President, I ask unanimous con­ work and who are disposed to err on the side consin, Senator NELSON, proposed to the of caution, do not have access to sutncient bill which would require 5-year projec­ sent that the Washington Post editorial be printed in full at this point in the independent Information to oppose these tions of military budgets. urgings with much confidence. The point There are some things the editorial left RECORD. about the "choices" made by Congress in unsaid about the reasons why the bill There being no objection, the editorial proceedings such as those just completed had such an easy passage this year. In was ordered to be printed in the RECORD, in the Senate, is that Congress isn't really addition to the "jobs" argument-which as follows: choosing at all: more often than not it has (From the Washington Post, Oct. 12, 1971] no choice. the editorial rightly points out was an Consider Sen. Mcintyre's defense of the underlying consideration-the fact is Mn.ITARY FLYPAST IN THE SENATE B-1. While conceding that he had himself, that the committee itself cut $1.2 billion Debate ended and the Sena,te passed the In committee hearings, been partial to the from the original request and in many $21 billion mllita.ry procurement bill more idea of a cheaper alternative (a refitted B- ways performed its functions better than or less Intact last week. In truth, the whole 52), the Senator disclosed that he had not affair was rather like a fiypast of Pentagon been able to wring any concession from the before. authorizations, with a handful of senators OTHER FACTORS Air Force that the alternative would actually occasionally shaking their fist at the various do the job. "I cannot take my intuition," he But there are other factors as well­ weapons systems roaring by. The new B-1 went on to explain, "and jump." Again, the not so complimentary-as to why the manned strategic bomber, the F-14 Navy tough-minded members of the Senate Armed military authorization passed with such fighter plane. the ABM, the main battle tank Services Committee, which brought the bill ease. or XM803-these were among the controver­ to the floor, repeatedly issued stern warnings First of all, almost all the testimony sial items that easily survived attempts a-t in their report that this or that recommenda­ elimination or modification by amendment. is self serving and ex parte. No one with tion for an expenditure of funds did not It is not necessary to have endorsed all of necessarily imply a commitment to a pro­ the comparable resources and informa­ these efforts--or any of them, for that mat­ tion is called upon to rebut the Penta­ gram, and they also lamented the fait ac­ ter-to perceive that what was only recently compli, "no choice but this" manner In which gon's detailed and massive testimony. billed as the Issue for the seventies, a great various proposals came before them. Surely What little opportunity is afforded to the debate over priorities and defense spending, the Armed Services Committee is entitled to critics is like a gnat biting an elephant. has pre1ity much gone the way of the hula more confidence that provisional funding will hoop. the part of a number of senators Second, the Pentagon uses its massive on not automatically turn into "no alternativ~" information services and lobbying serv­ who just a few years back had made a loud program commitment. And surely Sen. Mc­ and dramatic commitment to the issue. in­ Intyre should not be obliged to choose be­ ices in support of their requests. Day by terest was low, absenteeism high, and prepa­ day we were met with new Pentagon tween "intuition" and Air Force assertions in ration for debate pitiful. Sen. Proxmlre and weighing the merits of a costly Air Force leaks about how the Russian missile those others who carried the main burden strength or navy strength or bomber deserved much better from their colleagues. proposal. Why didn't they get it? Apart from polit­ In our estimation, the best recommenda­ strength had suddenly increased many tion tor changing the odds in t.his annual fold. ical fickleness--a kind of issue-of-the­ month club approach to things-e number of encounter was one which most of these Third, Congress lacks a body of inde­ reasons have been put forth. One is tha-t at senators voted against when it was presented pendent experts with access to detailed a time of painful unemployment, the legisla· as an amendment by Sen. Gaylord Nelson. information on specific weapons systems tors had little appetite for casting votes to Sen. Nelson would have compelled Congress so that we can make intelligence judg­ terminate defense Industry contracts. An­ to view the mllitary budget In more or less ments based on facts. Instead, we are other, which is a little too delicately fiowerish th3 same timeframe that the military does- October 13, 1971 CONGRESSIONAL RECORD- SENATE 35983 na.mely, on a five year basis. He observed of Miss Efron's book, comparing her "Miss Efron's 'scientific' method is simply that by the time the Senate gets around to "analysis" with texts of the broadcasts described. She summarizes the meaning, as voting on various programs, the Pentagon is cited. Although it still remains impossible she sees it, of specific broadcast stories. She already well into the next year's budget, that decides, with nothing to guide her but her the military works on five year projections to check many of her claims, CBS con­ personal opinion, which of the stories are pro of its own, and that until the relevant com­ cludes that the lack of substantiation for and which are anti the candidates and the mittees of Congress organize themselves to her charge·s and characterizations is issues selected by her for study. And she then think in terms of long range threats and readily apparent upon reading what was counts the words in each category. On the possibilities and needs (as distinct from the actually said on the broadcasts. basis solely of this word count, she deter­ bits and pieces approach to various weapons) It is my understanding that CBS News mines whether the networks were biased for they will never be able to as-sert an effective has commissioned two independent re­ or against a candidate or an issue. degree of control over the Pentagon budget search organizations to evaluate the "There are many serious flaws in this ap­ they are meant to supervise. The opposition proach. But there is one basic fiaw which per­ argued that the work involved would be book's content and methodology. These meates and completely discredits the book. analyses will be made public so that all monstrous and that it would require too "Its drastic conclusion, with respect to much crystal ball predicting. We think the citizens concerned about this vital mat­ work would be manageable and worth it; ter will have a basis on which to judge CBS News, depend entirely on the accu­ so far as the predicting is concerned, we the validity of her work. On the basis of racy and objectivity with which Miss have never observed much shyness on either my own experiences, I am confident that Efron describes · and characterizes the side of Pentagon budget disputes in the Con­ the results will uphold CBS News' fair CBS News stories on which she relies. gress in matters involving future threats, and evenhanded news coverage and But, in story after story, there is just no future costs, or future technological achieve­ that similar surveys of ABC and NBC resemblance between the story as broad­ ments. Why not try to make the estimates cast and Miss Efron's description of that and prognostications on which Congress op­ news reports would produce comparable results. story. They simply do not state what Miss erates now a little less idiosyn cratic and a Efron claims they state. She sees sinister little more systematic? Because I believe that it is .important Sen. Nelson's idea should be reintroduced for Senators to be familiar with the meanings where none were intended and a.s separate legislation and given another try. claims which have been made about the none exist. Her conclusions are based We would recommend it especially to those alleged partiality of television networks in large part, on nonexistent facts. ' legislators whose interest in the whole affair I call their attention to the commenui "Since Miss Efron, generally speaking, has been flagging. It would mean a lot more does not quote the full, as-broadcast text work. but it would provide the prospect of made by CBS News President RichardS. Salant as well as to the network's com­ of the stories mentioned in the book it real results-for those who wish to do more is not possible for the reader to review than inveigh aga.inst our skewed priorities. parison of Miss Efron's charges with the actual texts of broadcasters. I ask unani­ the accuracy of her descriptions and mous consent that these documents be word-counts or the validity of her pro TWISTED NEWS TWISTERS placed in the RECORD at the conclusion and anticharacterizations. A few of the many examples of the startling distor­ Mr. BROOKE. Mr. President, I have of my remarks. Let me stress that I make no brief for tions which become apparent when Miss noted in recent days press discussion of Efron's descriptions are compared with "The News Twisters," a book written by the infallibility of network news cover­ age. Only 5 days ago, in a speech be­ the actual broadcast text are appended." Miss Edith Efron, a staff member of TV In line with its continuing encourage­ Guide. The book is purportedly a pro­ fore the Massachusetts Broadcasters As­ sociation, I suggested that the networks ment of self-analysis in order to improve fessional discussion of television news its performance, and with full recogni­ coverage of the 1968 presidential cam­ take on each other as well as the other titans in American life. tion of its responsibility to be fair and paign. The author examined the con­ objective, CBS News has retained two tents of the evening news telecasts for I urged broadcasters to print and speak facts and opinions about the pol­ highly qualified, experienced, independ­ each of the three major commercial net­ ent research organizations, one to study works in the 7 weeks immediately prior itics and policies of Government at every level. I pointed out that if we are to really the methodology used by Miss Efron and to election day, and has attempted to the other to review the identical 1968 use charts and a coverage analysis to have what Elmer Davis advocated so elo­ campaign coverage on which her book prove that the networks exhibited ex­ quently-a third dimension of news cov­ reports. They will advise ·us of their treme bias in their coverage favoring erage-the why as well as the who, what, conclusions when these studies have been the Democratic ticket and opposing the when-their critical rule must extend to completed, and the findings will be made Republican and American Independent their brethre~ in the fourth estate. public. Party tickets. In short, no institution should be above APPENDIX! Inasmuch as the Republican Party and constructive criticism. In fact, each CBS News has made a spot check, for the these networks have for a long time been should welcome it. But let us continu­ purposes of this appendix, o! the transcripts portrayed by some political pundits, as ally make every effort to insure that ar­ of CBS News broadcasts listed by Miss Efron sympathetic to each other's interests, I guments are well-documented, logical, in support of her conclusions. The pertinent find it ironic that the author's study has and accurate. portion of each such broadcast kas been apparently served to reverse that polit­ There being no objection, the items identified--and the actual broadcast text o! ical calculus. were ordered to be printed in the REc­ that portion, Miss Efron's description of ORD, as follows: that text, and her pro or anti classification I personally reject both of these theo­ are quoted. These few examples, among many ries, and believe it clear that the networks CBS NEWS COMMENTS ON ''THE NEWS which can be cited, are a measure of the ac­ and their local affiliates have displayed TwisTERS" curacy and fairness of her facts and conclu­ continuing respect for the Federal Com­ CBS News President Richard S. Salant has sions. munications Act's mandate that broad­ made the following comments on The News CBS News Transcript: (Concluding para­ cast licensees will not favor one political Twisters, by Edith Efron: graph in a report on Mr. Nixon's campaign candidate over another in their news "CBS News bas a continuing interest 1n visit in the Seattle area) : "This week's tour, and public affairs coverage. any suggestions or studies which can lead all in friendly territory, is to reassure the toward more perfect achievement of the !air­ faithful, and to boost local GOP candidates. It seems to me that Miss Efron's anal­ ness and objectivity with which it presents ysis is neither ''scientific" nor "non­ Nixon says he is warning his staff against the news. Regrettably, Miss Efron's book does over confidence, but he himself hardly looks partisan." Specifically, her book provides not contribute to this goal. meager details of the author's standards "It purports to be a scholarly, objective worried." 9/25/68 for measuring the partiality of news analysis, supported by graphs and word­ Miss Efron classifies this report as an "anti­ comments. And only a small number of counts, of the fairness with which the tele­ Nixon editorial" by the reporter. Without complete excerpts of the news broad­ vision networks covered seven weeks of the setting out the actual words of the broadcast, 1968 Presidential campaign. In fact, it is Miss Efron writes that the CBS News reporter casts are reprinted in the book or its nothing of the sort. It examines only a lim­ "says NiXon is over confident; suggests he appendix. The reader is unable to make ited part of the network coverage. It does 1s a liar." (emphasis added) AppendiX D an independent evaluation of the empir­ so with a distinct bias which prod9uces gross (page 281) ical data and, therefore, must accept the distortions o! fact. It uses statistical proce­ CBS News Transcript: Humphrey: "The Ra.p author's characterization of a broadcast dures which nre seriously flawed. And it Browns, the Stokely Carmichaels, the ex­ without knowing its contents. draws erroneous, prejudiced and unsupport­ tremists of the left and the right will not have CBS News has conducted a spot check able conclusions. their way, and we will not allow them to 35984 CONGRESSIONAL RECORD- SENATE October 13, 1971 terrorize or stampede America or cause us ous politics, if only because of the inevitable •stop-the-war' students heckled Muskie, he to lose our sense of perspective." 9/16/68 rude awakenings. Candidate Nixon tells us he was willing to listen-but that Muskie is fa.r Miss Efron classlftes Mr. Humphrey's refer­ will sweep the streets of Washington clean of less courteous to Wallace hecklers. And the ence to extremists of the right as an "anti· prowlers and muggers. Candidate Humphrey CBS reporter a.sks Muskie why he is more Conservative" attack. Her comment is: tells us he would put an end to, he will put impatient with 'Wallace hecklers' than with "Humphrey attacks extremists of the right an end to poverty in America. He Will do in 'young, reckless hecklers.' Thus the 'leftists' for violence." (emphasis added) It is her four years to eight years, in other words, what change into 'stop-the-war' students and then judgment that an attack on "extremists of centuries of human efforts could not do. It into a. touching group known as 'young, rest­ the right" is equivalent to an attack on must have been in the middle of a political less hecklers.' (CBS, 10/4/12, Pro-'Demon­ "Conservatives". Appendix G (page 309) campaign that a British statesman of long strators.') " CBS News Transcript: After broadcasting ago remarked 'Between craft and credulity, Miss Efron's conclusion that the 10/ 4/ 12 an excerpt from a Humphrey campaign the voice of reason is stified.'" 10/2/68 report constituted a pro-demonstrators edi­ speech, CBS News reported that Mr. Hum­ Miss Efron sees in this an "anti-Nixon edi­ torial is based on an alleged reference, in the phrey "has not, however, figured out how to torial" by the reporter because "reporter links October 4, 1968 broadcast, to "young, rest­ handle the demonstrators. When the heck· Nixon with Wallace as law-and-order racist less hecklers". (emphasis added) There was lers wish, they can dominate his campaign candidate, in contrast to over-generous hu­ no such reference. The actual reference was appearances, and that frustrates and angers manitarian Humphrey". The meaning of this "young, leftist hecklers". Her misunder­ Humphrey and his staff. To that extent, at report is clear. The reporter was citing one standing of this word has led her mistakenly least, the hecklers have the upper hand." example for each of the three major candi­ to charge (pages 89, 92) that CBS News edi­ 9/ 30/ 68 dates to illustrate how "reason itself is torialized by "suppressing" the political or Miss Efron classifies this report a "pro­ bruised" by the candidates during the cam­ ideological identity of hecklers and demon­ demonstrator editorial" by the reporter and paign. Miss Efron ignores the point made by strators. comments: "Reporter supports demonstra­ the report, i.e., that Mr. Humphrey's promise Example: Miss Efron charges (Appendix I, tors (demonstrators politically unidenti­ to end poverty was completely unrealistic and page 317) that the reporter "attacks those fied)." Appendix K (page 330) "bruised reason." There is no basis for the who would prevent Cleaver from teaching at CBS News Transcript: "In 1960, Richard charge that Mr. Nixon and Mr. Wallace are Berkeley as 'censors'.'' But the reporter Nixon tried to run his campaign top to bot­ described as "racist" candidates. Appendix D makes no reference of any kind to "censors". tom. This time he's found a group of smooth, (page 282) Miss Efron confuses "censor" with "censure" intelligent, middle class loyalists, who, like The reporter, who is analyzing the Wal­ in this statement by the reporter: Nixon, believe in heroes, the Puritan ethic, lace campaign, states: "His (Cleaver's] tough talk prompted the and the America pantheon. This time he lets "In a real sense the Wallace movement rep­ State Senate to censure the university ..." them work and sometimes play. The songs resents a class struggle, an uprising against In either event, there is no basis, whatso­ aboard the press plane on the electric piano what he calls the pseudo-intellectuals, pro­ ever, for her charge. The reporter does not soothe, they do not protest. They are more fessors, preachers, and everything that is "attack" the State Senate for this "censure", vintage Bing Crosby than Pete Seeger, and big government, taxes, ownership, the big (See page 6 for transcript of story.) the Nixon staff is the prototype of their can­ press, the big networks, the Negro movement, didate's forgotten American.... " 10/28/68 the left wing student movement. All this is III Miss Efron classifies this reports as an "an­ summed up in the word 'they'. 'It is the~ Even if one accepts Miss Efron's statistics ti-Nixon editorial" by the reporter because against us, and', says Wallace, 'there are more as a.ccu.ra.te and her methodology as sound, "reporter describes Nixon and staff as squares of us than of them.'" 10/7/68 many of her conclusions remain unsupported who don't conform to liberal-left cultural Miss Efron sees in this report a "pro-left by her own statistics. standards; mocks their 'forgotten American' editorial" by the reporter because he "de­ Example: Miss Efron states (page 47): crusade". Appendix D (page 284) scribes left wing student movement as one "on the basis of these descriptive statistics, CBS News Transcript: "From Pennsylvania., of the biggest institutions in the country". it is clear that network coverage tends to be Muskie fiew to Michigan and there in Tay­ Appendix J (page 326) strongly biased in favor of the Democratic­ lor, a. white, middle class suburb of Detroit, This report discussed an announcement by liberal-left axis of opinion .•." Yet, accord­ was heckled by supporters of George Wallace. the Secretary of Defense that troop strength ing to her chart (page 40) , CBS broadcast Correspondent Herman reports that he han­ in Vietnam would not be reduced. It con­ 120 words against liberals, and not one word dled them with as much aplomb as he han­ cluded with the following statement which for liberals. This illustrates strikingly the dled college hecklers." 9/25/68 is the only reference to a bombing halt: invalidity of her statistical approach. Miss Efron classlftes this as an "anti-white 9/25/68 Example: Miss Efron includes an extended middle class editorial" by the reporter and "This interpretation of the enemy's pre­ discussion aimed. at showing that the net­ comments: "Reporter attacks white middle dicament explains, at least in part, the still works favored "demonstrators" (pages 76- class as racist." Appendix H (page 312) persisting belief that a break will come in. the 83) . Yet her word count (page 45) shows CBS News Transcript: John Mitchell, Mr. Paris talks. These battlefield conditions sug­ that CBS was against demonstrators, 1304 Nixon's campaign manager describes, in a gest that the next solid gesture toward peace to 609. broadcast interview, the "orderly" manner may come from the enemy, but they also sug­ Example: Miss Efron states at the conclu­ in which the Republican campaign has been gest that another solid gesture on our part sion of her discussion of news coverage of conducted. He concludes with this statement: may now be appropriate and fruitful, and it George Wallace (page 61) : "The coverage of "I think our operation has been, if you put is on this point that the still very real argu­ opinion on George Wallace is heavily weight­ it, without passion, because we have planned ment about stopping the bombing of North ed - against Wallace". Yet her chart (page it and programmed it and have had time to Vietnam now seems to center, inside the 36) shows that CBs broadcast 1079 words carry it out." (emphasis added) In his wrap­ highest councils of this government." for Wallace and 1282 words against him. up, the reporter states: "They [the Nixon Miss Efron classifies this as an "anti-U.S. Example: Miss Efron states (page 55) staff] understand success, and in their cru­ Policy on Bombing Halt editorial". She also that the networks actively favored Hubert sade for their oppressed majority they con­ cites it (page 117) as a "striking" example of Humphrey and portrayed him as a "saint fidently await a programmed victory." a report which "claims to be presenting the studded over with every virtue known to 10/28/68. arguments on both sides of a controversy­ man". Yet her chart (page 33) shows that Miss Efron classifies this as an "anti-Nixon but in fact does not". Her conclusion (page CBS broadcast 2388 words for Humphrey, editorial" by the reporter. Falling to note that 117) is that "the reporter is 'summing up' only slightly more than the 2083 words spok­ it was Mr. Nixon's campaign manager who in­ the argument within the administration over en against Humphrey. troduced the word "programmed", she com­ a bombing halt--and leaves out the argu­ IV ments that the reporter compares "Nixon and ments of Johnson-Rusk-Rostow and the gen­ Miss Efron's book contains many sweeping, staff to inhuman computers". Appendix D erals". highly accusatory pronouncements, sup­ (page 284) Clearly, Miss Efron's assertion is unfound­ ported by little or no evidence or only by CBS News Transcript: "Reason itself is ed. There is no "summing up" of the "argu­ tortured rationalization. These extreme state­ bruised every day. Each of the three candi­ ment within the administration". There is ments, which hardly read like scholarly con­ dates implies that as President he would dras­ merely a reference to the existence of such clusions by an objective analyst, provide in• tically reduce crime, even though crime is es­ an argument. No administration viewpoints, sight into Miss Efron's own biases. This is sentially a. local problem, Governors having pro or con, are presented. one example: more authority in the matter than Presi­ n "On ABC, reporters sanctioned violence eleven times; on CBS, nine times; and on dents. And criminals are no respecters of Miss Efron makes charges based on alleged NBC, seventeen times. In Appendix N a com­ political parties. The facts, which have no but nonexistent statements in the CBS News plete list of all references to the stories con­ significance at all save to illustrate the point, broadcasts. taining this opinion will be found. This quiet, are that the four states with more than 2,000 Example: Miss Efron writes (page 90) : steady spewing-out of justifications for vio­ serious crimes per year per hundred thousand "CBS initially relates the tale of how lence by allegedly responsible men, under the people, are all run by Republican governors, Muskie invited one of a group of 'leftists• to eyes and ears of allegedly responsible net­ and in murder and manslaughter taken sepa­ the platform. (9/25/7, Anti-Humphrey.) work management, is a pathological phenom­ rately, Mr. Wallace's state of Alabama leads About nine days later CBS forgets that they enon." (page 96) the nation. Humorless politics can be danger- were leftists. The reporter recalls that when These are strong words. But an inspection October 13, 1971 CONGRESSIONAL RECORD- SENATE 35985 of the transcripts of the nine CBS News Bill Stout, CBS News, Los Angeles. itus at Harvard Law School and a dis­ broadcasts cited by Miss Efron shows no CBS Comment: By no stretch of the imagi­ tinguished scholar of constitutional law justification whatsoever for such charges. nation did the reporter "sanction Cleaver's These two broadcasts are representative: calls for mass murder". Nor does the tran­ in his own right. Miss Efron: CBS Evening News 10!22!68. script support Miss Efron's charge that the In his eloquent tribute, Professor Appendix E, "Anti-Wallace, 10/ 22 / 6." reporter "attacked" any persons as "censors". Sutherland recalls the formative influ­ (page 26), "'Hecklers' throw rocks and (See page 5 of this appendix. In any event, ence of Justice Black's early career as a tomatoes at Wallace." the word actually used was "censures" not police court judge in Alabama, his frus­ KuRALT. "At a rally in Oshkosh, Wiscon­ "censors".) tration in the Senate as the Supl!'eme sin, today, hecklers threw rocks, eggs and This is another example of a sweeping, Court struck down Acts of Congt·ess in tomatoes at George Wallace. When an apple highly accusatory but unfounded charge. the early 1930's, and his brilliant judicial core struck him on the shoulder, Wallace dis­ Miss Efron states (page 61) that network missed it with the remark: 'That's all right, coverage of the George Wallace cam­ career on the Supreme Court, where he it'll wash off. That's just a bunch of anar­ paign "editorially sanctions the physical came to symbolize, more than any other chists.' Wallace's running mate, General Cur­ attacks upon him". In support of this justice, the fundamental concepts of tis LeMay, said today that integration is the serious accusation, she states (page 58) freedom and equality that are the hall­ answer to the nation's racial problems, and that "language customarily used to describe mark of the Constitution and the Bill of he added that he thinks George Wallace those who engage in verbal protest was used Rights. agrees with his views. At a news conference to describe those who engage in physical As Professor Sutherland concludes, in Miami, LeMay said integration has worked assault". This, she concludes, was "a tacit in the armed forces, and it will also work in sanctioning of the assaultive conduct". And, Justice Black was a man who knows how civilian life." fin.a,lly, on page 59, she lists a total of three to :find the spirit in the letter of the law. Mus Efron: CBS Evening News 9/ 18/68. CBS News broadcasts which describe, as If we see farther in these areas of basic Appendix I, "Pro-Black Militants, 9/18/ 3." "hecklers" and "dissenters", people who rights today, rights so vital to all our (page 317), "Cleaver advocates shooting of throw "rocks", "an egg" and "objects" at Mr. people, it is because we stand on the businessmen, politicians, career military, Wallace. shoulders of giants like Justice Black. police, decisionmakers." CBS Comment: The word used by CBS Mr. President, I believe that Professor "Reporter sanctions Cleaver's calls jor mass News was "dissidents" and not "dissenters", Sutherland's tribute will be of interest murder as •revolutionary' thought and at­ as Miss Efron states. In any event, it is tacks those who would prevent Cleaver from hardly realistic or accurate to conclude that to all of us who loved and respected teaching at Berkeley as 'censors.' " (emphasis use of the terms "hecklers" and "dissidents" Justice Black. I ask unanimous consent added) _ constituted an "editorial sanction" of physi­ that it be printed in the RECORD. CBS News correspondent Bill Stout reports cal attacks upon Mr. Wallace-particularly There being no objection, the article from University of California, Berkeley. since each of the broadcasts explicitly re­ was ordered to be printed in the RECORD, STOUT. "The student protests of five years ported the physical acts involved. as follows: ago brought many changes to the university, v JUSTICE BLACK: DEDICATED TO PRINCIPLE, including more voice for students and faculty INDIVIDUAL FREEDOM IN LIFE ON COURT in setting up new classes. Now sharp con­ These are two additiona-l examples which troversy over a course on the American social illustrate how Miss Efron's statements can (By Art hur E. Sutherland) order, with the guest lecturer anti-establish­ mislead: Hugo Lafayette Black: 1886-1971: The rule ment black revolutionary Eldridge Cleaver." Example: Miss Efron states (page 32) that, of law in America is the better because of CLEAVER. "It's the big businessmen, the pol­ during the study period of seven weeks on the work of the late Justice Hugo Black. Wis­ iticians and these career military and police which her conclusions are based, there were dom, compassion, dedication to principle as agent type people that, this is the power only 320 "words spoken for" Mr. Nixon on he saw it, these were his talents and he spent structure we talk about, the people who the CBS Evening News. A quick check of the them generously. Now that he is gone, life have a vested interest in the status quo, who broadcast transcripts shows that, during the seems thinner and less interesting. draw their living from exploiting people period in question, the CBS Evening News Black's early life tells of America as it through this economic system, people who carried a total of 4747 words spoken only by once was, and as it will never be again. He live by this profit, not the people who Mr. Nixon in the course of his campaign­ was born on a farm in Clay County, Ala­ are just plugged into the system and who and presumably spoken in his own behalf as bama. His father ran a country store to help have a job and go to work every day and a candidate. But this fact does not appear keep the family fed and clad, and his mother really never manage to get their head above in the book. Certainly, it is pertinent to an was postmistress of the town of Harlan. water. But it's the power people, the people evaluation of the coverage given to Mr. Young Black went to a local seminary named who make the decisions in this country and Nixon. Ashland College and studied medicine for a who control the decision-making process in Example: Miss Efron states (page 76) that year at Birmingham Medical College. Turn­ this country. Those are the enemies of the "CBS viewers are not informed of under­ ing instead to law at the University of Ala­ people, and those are ones who are going cover testimony against the Yippies". She is bama, at the age of 20 he became a member to be exposed and treated in a manner that referring to testimony before a. Congres­ of that state's bar. they're always treated in a revolutionary sit­ sional committee about Yippie plans "to Ashland, Alabama, was not a thriving com­ uation." bomb buildings, kill policemen and assassi­ munity for anybody. Black spent a year try­ STOUT. "'They ought to be shot.' Cleaver nate candidates". The October 3, 1968 broad­ ing to practice law there, but the building has said that again and again. When whites cast of the CBS Evening News included the where he had his office burned down. In ask what they can do for race relations, following: 1907 he wisely started over again in Birming­ Cleaver has said, 'Give black men machine "CRONKITE. 'A witness told a congressional ham. That city was a large industrial and guns.' For ten lectures Cleaver is to get no hearing today that Yippie leader Jerry Rubin railroading center, with the mixture of pros­ state salary, but will be paid from student talked of killing presidential candidates and perity and misery that seems inevitable. funds. His tough talk prompted the State overthrowing the government during the Black made a living at the law, and four Senate to censure the university, and disorders accompanying the Democratic con­ years later became Police Court judge. The brought criticism from two men who other• vention. Rubin was in the hearing room to sad procession of defendants that passed wise rarely agree.'' testify later, and shouted out a protest about through the twenty-five year old magistrate's Governor RoNALD REAGAN. "I'm opposed "this worm's lies" as Illinois undercover court made an impression on him that lasted from the simple standpoint that I think it is agent Robert Pierson testified. One leftist the rest of his life. witness walked out of the hearing, another ridiculous to bring someone on as a sup­ MOVES UP TO COUNTY SOLICITOR posed instructor or lecturer, which is the way refused to testify about any Communist af­ he was to be brought on, who has absolutely filiation, and a third was arrested as he ar­ In 1914 he moved up to the post of county no qualifications whatsoever for that posi­ rived wearing a shirt which appeared to solicitor, the prosecutor for Jefferson County, tion." have been made from an American tlag. and in that office he spent three highly edu­ JESSE UNRUH. "I think clearly it's very, While the hearing continued, other Yippies cational years. Black noticed that a dispro­ very difficult to defend the appointment of milled around outside until police moved portionate number of confessions came from Mr. Cleaver as a lecturer. I think that it's in.'" a Birmingham suburb called Bessemer and an unfortunate choice and represents al­ discovered that its police were operating the old-fashioned type of third-degree. He ob­ most a death wish on the part of those peo­ TRIBUTE TO JUSTICE HUGO BLACK ple participating in it insofar as the uni• tained a grand jury report criticizing that versity is concerned." Mr. KENNEDY. Mr. President, the Oc­ system, which drew down on him some un­ STOUT. "Cleaver is 33. He's done time on tober issue of the Harvard Law Record, pleasant heckling. narcotics and assault convictions and was the Harvard Law School newspaper, con­ Black wa.s probably pleased to go off to a. in court this week on fresh charges of as­ tains a moving and perceptive tribute to 1917 training camp and earn a. field artillery sault and attempted murder. He faces trial commission. At the close of 1918 he returned for that later in the year. Hugo Black, one of the greatest Justices to civilian life, took up the law again, and But the university regelllts meet tomorrow ever to sit on the Supreme Court of the developed an active practice in negligence to consider demands they overrule the selec­ United States. The author of the tribute cases. tion of Cleaver as guest lecturer. is Arthl1ir E. Sutherland, professor emer- In 1926, the year he reached forty, Black 35986 CONGRESSIONAL RECORD -SENATE October 13, 1971 was elected to the Senate, In 1932, the year was associated. His membership was unfor­ ance of the injunctions against these news­ Roosevelt took the New Deal to Washington, tunate, the sort of thing a young Alabama papers amounts to a fiagrant, indefensible, he was reelected. lawyer-politician, trying jury cases and and continuing violation of the First HEART AND SOUL FOR NEW DEAL hoping for votes, could do. The furor quieted Amendment.... It is unfortunate that down and Black on the bench came to be Senator Black was heart and soul for that some of my Brethren are apparently willing the target of abuse by those who shared to hold that the publication of news may program. Indeed, Black'c advocacy of a the Klan's objective. thirty-hour week went beyond anything sometimes be enjoined. . . .'' Roosevelt urged. Black sat in the Senate in WROTE 783 OPINIONS Black discovered ways to find the spirit in the letter. He will be much missed. 1935 and 1936 when the Supreme Court A review of Justice Black's votes at thirty­ struck down a number of New Deal meas­ five terms of the Supreme Court is beyond ures. All the rest of his life he felt that reck­ the possibilities of this short essay. In 1967 less use of due process clauses as general Chief Justice Warren, writing for the UCLA UNREASONABLE WELFARE licenses for judicial nullification of novel Law Review in honor of Black's thirtieth REGULATIONS economic regulation called for strict con­ year on the Court, found that in his tenure struction of those clauses. on the Court Black had written 783 opin­ Mr. FANNIN. Mr. President, State and However, Black was by instinct and by ex­ ions-442 for the Court, 64 concurrences, 18 city governments all over our Nation are perience dedicated to freedom of speech and other separate opinions, and 241 dissents. being bled to death by welfare payments. press, to fair trials, to scrupulous separa­ At most there is here time and space for Local governments are being forced by tion of Church and State, none of which the a review of his constitutional philosophy. the heavy hand of our Federal Govern­ Fourteenth Amendment expressly protects Perhaps he set it forth most clearly in an ment to make excessive welfare pay­ against state transgression. He needed to exchange with Justice Felix Frankfurter dur­ evolve a philosophy which would construe ing a series of antiphonal opinions on the ments to thousands and perhaps mil­ that amendment so as to restrict any state rights of men charged with crimes. lions of persons who should not be on which might transgress against these guar­ In 1947 the Supreme Court heard the case the welfare rolls in the first place. antees while permitting the state full power of a man named Admiral Dewey Adamson, We must have a thorough overhaul of of economic regulation. He needed to find who had been convicted in a California state the welfare syst.em. We must have true an unexpressed equal protection clause in court of atrociously murdering an elderly welfare reform which is aimed at reduc­ the due process clause of the Fifth Amend­ woman in order to steal her jewelry. The Cali­ ing the number of persons on welfare ment. But in 1936, all this lay far ahead as fornia law allowed comment on the failure rather than increasing it. the Supreme Court divided four justices to of an accused to take the witness stand and four on New Deal legislation with Owen J. explain the evidence against him. Adamson In the meantime, there are some steps Roberts uneasily casting a deciding vote to sat silent and the prosecutor, summing up, that should be taken immediately to re­ erect a majority of five, one way or another. made the most of this before the jury, thus lieve the burden that has put a number SUPPORTS "COURT-PACKING" eliminating practically all of Adamson's the­ of States in a condition akin to bank­ oretical privilege against self-incrimination. ruptcy. On February 5, 1937, President Roosevelt proposed a plan to reorganize the federal DECRIES "NATURAL LAW" DUE PROCESS The problem lies with the Department judiciary by legislation authorizing ap­ The Supreme Court affirmed Adamson's of Health, Education, and Welfare. HEW pointment of additional justices to the Su­ conviction although on a federal indictment has not followed the intent of Congress preme Court whenever incumbent justices and trial, under the Fifth Amendment, the in drawing up regulations the States reached retirement age but failed to retire result would have been the opposite. Black must follow to qualify for Federal fund­ or resign. Senator Black supported the plan. dissented, protesting what he described as ing for welfare. While this "court packing" bill, as opponents a theory "that this Court is endowed by I had hoped that the courts would set called it, was pending, the Court on April 12, the Constitution with boundless power under this matter straight, but this has not 1937, upheld the New Deal National Labor 'natural law' periodically to expand and con­ Relations Act, Justice Roberts casting the tract constitutional standards, to conform happened. Just last month a Federal swing vote. However, the president still urged to the Court's conception of what at a par­ court upheld HEW regulations which I his court bill; the one-man majority was ticular time constitutes 'civilized decency' feel are highly unrealistic. too slight for safety. and 'fundamental liberty and justice.' " As a result of this decision, my State Then, in June 1937, one of the "conserva­ In place of this fiexible standard, in which of Arizona faces the choice between abid­ tive" group of justices, Willis Van Devanter, he saw lurking the danger of "econOinic due ing by these unrealistic regulations or who had sat since 1910, resigned his seat. process," Black proposed the theory that the losing some $41 million a year in Federal President Roosevelt shocked the conven­ Fourteenth Amendment "incorporated" sub welfare funds. tional minded by appointing Senator Black silentio the first eight amendments literatim. in his place. Although the court-reorganiz­ Here Black found what for him was a solid Arizona is one of the few States in our ing bill eventually died in the Senate, Roose­ rock of constitutional literalism on which Nation which has maintained a realistic velt got his safe majority by ordinary at­ to stand. Content, he was able in most cases budget in welfare matters. The State has trition of oider justices and appointment to reach results which satisfied American remained solvent and has not had to cut of more open-minded younger men. He ap­ liberals. of! arbitrarily certain categories of wel­ pointed eight justices in all, four of them be­ Justice Frankfurter in 1952 stated the con­ fare recipients. tween 1937 and 1939. Only Justice William 0. verse proposition in Rochin v. California. Arizona is one of three States that is Douglas, appointed in 1939, now remains on Saying, "The vague contours of the Due Process Clause do not leave judges at large," operating within its general budget. Gov. the Court. Jack Williams and the Arizona Legisla­ In August 1937 the Senate consented to Frankfurter still could not quite find words Black's appointment by a vote of 63 to 16. to· say what fenced them ln. He wrote: ture are to be congratulated for keeping The new Justice and Mrs. Black journeyed "To believe that this judicial exercise of Arizona on a sound fiscal basis. Ap­ off to Europe. In September, while they were judgment could be avoided by freezing 'due parently, HEW believes Arizona is set­ still abroad, a Pittsburgh newspaper printed process of law' at some fixed stage of time ting a bad example by living within its a series of stories-long before published in our thought is to suggest that th"' most im­ means. Why should Arizona practice fis­ California papers-that Black had been a Ku portant aspect of constitutional adjudication cal responsibility when the Federal Gov­ Klux Klan member before 1926 and that is a function for inanimate machines and not for judges. . . .'' ernment does not? after his primary victory in that year, the Mr. President, from time to time it has Klan sent him a "Grand Passport.'' The judicial work of many judges demon­ strates that differing formulas of philosophy been necessary for Congress to force ad­ EXPLAINS KLAN MEMBERSHIP do not necessarily bring about different de­ ministrative agencies into line with legis­ The Pittsburgh articles won a Pulitzer cisional results. lative intent. Now it is time to straighten Pri.ze for their author and stirred up much STOOD FOR INDIVIDUAL FREEDOM out that sprawling bureaucracy known criticism of Black. When he returned to the In his long life on the bench, through a as HEW. United States, he made a radio statement At issue between HEW and Arizona on October 1 to which perhaps fifty million series of cases on criminal justice, racial people listened. He said that he had been equality, relJ~gious freedom and free expres­ welfare officials were four points: sion, Black's judgments stood for individual a Klan member in his early days at the Ala­ An Arizona regulation cutting off wel­ freedom and against the tyrannical exercise fare payments to anyone out of the State bama Bar, but had dropped his membership of governmental power. before he became a Senator. He had never more than 90 days. On his la.st day in the courtroom, Justice solicited the "card" sent him; he had Black wrote an opinion in which Justice The State formula for disregarding neither used it nor kept it. Black never again Douglas joined, concurring wl th the Court's earned income in the aid to families with made a public statement on the subject. per curiam refusal to enjoin the New York dependent children program. Neither before nor after that time did Times and the Washington Post from pub­ A State regulation on AFDC payments Black ever show by actions or words the lishing the Viet Nam papers. He wrote: when children are not living with persons bigotry or racial hatred with which the Klan "I believe that every moment's continu- who have legal custody of the children. October 13, 1971 CONGRESSIONAL RECORD- SENATE 35987 Establishment of an advisory commit- They are unreasonable and they con­ [From the New York Times, Oct. 11, 1971] tee. _ tribute to the growing welfarism in the THE WORD OF CHOU EN-LAI Let me go into these issues a little fur­ United States. (By Allen Whiting) ther and explain my understanding of During the 9lst Congress the Senate ANN ARBOR, MICH.-It is impossible to con­ the current situation. passed several amendments which would ceive of Chou En-lai reversing all of his Residency-HEW has ruled that a have cured three of these problems. Two Government's long-standing, expl!cit opposi­ State plan may not contain provisions of the amendments, which I offered, tion against any form of "dual representa­ imposing any residence requirement as would make advisory councils optional tion" in the United Nations, yet that is pre­ cisely what Secretary Rogers continues to see a condition of eligibility for aid or as­ with the States and ;vould provide a new as a distinct possibility. sistance. Arizona terminates aid pay­ formula for disregard. My disregard Perhaps the sudden willingness to abandon ments to recipients after they have been formula would allow only day care as a the traditional stereotype of "Chinese face'• absent from the State for 90 days. separate deductible work expense. States as a constraint on behavior stems from our It is extremely difficult for me to un­ would be required to disregard the first own experiences with duplicity and cynical derstand why HEW should object to a $60 earned monthly by an individual expediency in Government officials. Certain­ 90-day cutoff. Why, I ask, should HEW working fulltime plus one-third of the ly U.S. policy on Chinese representation in the have a regulation which invites welfare next $300 plus one-fifth of amounts U.N. has tortuously twisted legal and political logic in repeated reversals over the last 22 cheating? What is to stop a person from earned above this. years. But to assume from this that a similar going to another State and getting on the Another amendment we approved opportunism exists in Peking is to misjudge welfare roll there while still drawing pay­ would, in essence, allow the cutting off of Chou's personal and political position. ments from Arizona? As soon as a person welfare payments to persons absent from Within China, Chou's credibility rating is leaves Arizona and enters another State, a State for 30 days. exceptionally high precisely among those he becomes eligible for welfare in that As you will recall, these amendments Chinese who have had to calculate the reli­ State. The HEW regulation is ridiculous were to the social security bill, and they ability of his word. During the "blooming and contending" campaign of 1955-57, Chou's and certainly not in keeping with any got lost in the shuffie in the closing hours personal assurances that the invitation to legislative intent that I am aware of. of the 9lst Congress. criticism was not a trap persuaded seasoned It seems to me that a 90-day vacation Mr. President, I shall introduce pro­ intellectual and political figures to voice their outside the State is sufficient for anyone. posed legislation next week to remedy views. This allows time for recipients to vaca­ the problems I have discussed here today. Many subsequently suffered in the "anti­ tion elsewhere during the hot summer The bill will provide for reasonable rightist" reaction. Interestingly enough, how­ months, then return in time for the good residency requirements, clarify the situa­ ever, Chou's personal esteem survived, as tion involving ADC payments, establish a dramatically demonstrated by his unique weather which starts in September. a.billty to mediate among fiercely contending Disregard-HEW contends that in dis­ disregard formula that will exclude high factions during the Cultural Revolution vio­ regarding earned income in the AFDC income families from welfare, and make lence of 1967-68. program, States must disregard the first advisory committees optional. Outside of China, Chou's words are the $30 plus one-third of the remainder from quintessence of Chinese policy as experienced the gross earned income. by the many governments and statesmen with Arizona disregards from the net in­ ONE CHINA OR TWO CHINAS­ whom he has dealt over his years both as come, rather then the gross. CHOICES FOR AMERICA, CHINA, Premier and Foreign Minister of the People's Republic. It was confidence in this factor There have been abundant illustrations AND THE UNITED NATIONS • which permitted the U.S. Government to pre­ as to how the HEW regulation is abused dict the first Chinese nuclear test. On Sept. so that persons with incomes in the :five Mr. KENNEDY. Mr. President, one of the major issues in American foreign 26, 1964, we learned that Chou had informed :figures can still qualify for welfare pay­ policy in recent years-the question of a foreign chief of state that China planned ments. HEW should adopt the Arizona to explode its first atom bomb on Oct. 1. formula, not vice versa. Chinese representation in the United Neither the Atomic Energy Commission nor Dependent children-the Arizona Wel­ Nations-is now moving swiftly into a the Central Intelligence Agency estimated fare Department held that aid to de­ new era. Before the end of this month, Peking to have the technical capacity to it is likely that the General Assembly will detonate at that time. However, Secretary pendent children should be administered Rusk was willing, on his own, to accept the only to the children who are with their dispose of the resolutions introduced by the United States and Albania on the is­ reliability of Chou•s word and predicted the natural mother or father or a legally test at his press conference Sept. 30. When recognized guardian of some type. HEW sue, thereby resolvihg the question for no test occurred the next day, State was says that where some children of an this session of the Assembly and perhaps chided for having overstepped its bureau­ AFDC family live in the home of the for the indefinite future. cratic bounds. After the test occurred on Oct. natural parent and other brothers and An article written by Prof. Allen Whit­ 16, delay apparently stemming from problems sisters live elsewhere with relatives, those ing, of the University of Michigan, one at the Lop Nor site, C.I.A. director John Mc­ of America's most distinguished China Cone was quick to claim credit for "the in­ living with relatives may not be excluded telligence community" in forecasting the from assistance whether or not the wel­ scholars, and published in the New York Times of October 11, provides an impor­ event. While that "community" produced a fare department or the relatives have wide range of valuable evidence, it was the legal custody of the children. tant and perceptive analysis of one major estimate by political analysis of Chou's stake Under the Federal regulations, a wel­ element in the debate-the question in credibility which accurately predicted fare family with a great number of chil­ whether, as Secretary of State Rogers China's entry into the nuclear club. dren may distribute the children to other has implied, Peking might be willing to Obviously it would be famous to take impoverished members of their family accept representation in the United Na­ every official Chinese statement as an Irre­ tions under the two-China formula pro­ versible, literal commitment to one particu­ and thus secure income for them. lar course of policy. Flexibility and bargain­ Advisory Council-HEW says that posed by the United States. Professor Whiting cites Peking's clear ing are manifest in much of Peking's declara­ States must provide for the establishment tory and negotiatory behavior. Chou En-lai at State and local levels of an advisory and unequivocal refusal to accept such 1s deliberately evasive when he chooses to be co~ttee. Under these regulations, the dual representation, and emphasized as in his reply to a question concerning th~ advisory board could pressure the State that there are only two real alternatives genuineness of China's alleged desire to see as to welfare payments and regulations. before the U.N.-either participation by a total rupture of U.S.-Japanese military re­ The State opposed this. Peking as the sole representative of lations, with all that this might imply for The cow·t upheld HEW on all four China, or no participation by Peking at the future of Japanese military develop­ points, but it did modify the regulation all. # ments. concerning the advisory council. The Mr. President, I believe that Professor However, there is no equivocation in his court said the committee would be purely \Vhiting's analysis provides an extremely statement, "Should a state of two Chinas or advisory and would not run the State helpful clarification of this important one China, one Taiwan appear in the U.N., welfare board or commissioner as HEW issue. I ask unanimous consent that it or a similar absurd state of affairs take place would have it. in the U.N. designed to separate Taiwan from be printed in the RECORD. China to create a so-called independent Tai­ Mr. President, all four of the HEW There being no objection, the Article wan, we will firmly oppose it and, under those regulations are contrary to legislative was ordered to be printed in the RECORD, circumstances, we will absolutely not go into h1tent. as follows: the U.N." 35988 CONGRESSIONAL RECORD- SENATE October 13, 1971 At stake Is nothing less than self-esteem cent of the population and that they both individual and collective. In Chou's !erred only from one farm to another in indeed have available considerably more the same county. These types of tobacco words, "We will not barter away principles." leisure time. . Peking will not accommodate an exp.ell~d are grown only in the State of Virginia. and defeated civil war government in eXIle 1n There is ample precedent for offering I yield now to the distinguished Sen­ order to win the legitimate right of repre­ the elderly reduced travel fares. Weal­ ator from Kentucky (Mr. CooPER). senting China in the symbolic assemblage of ready offer a youth fare for those be­ Mr. COOPER. I thank the distin­ the world community. Moreover, Chou's po• tween the ages of 12 and 22, and there guished Senator, chairman of the Sen­ litical position in Peking as well as Peking's are special rates for persons in the mill· ate Committee on Agriculture and relationships with Tirana, Hanoi, Pyongyang, tary. In Canada, reduced rates are al­ Washington and Moscow preclude compro­ Forestry. mise on this point. ready in existence for persons over 65, Mr. President, I want to direct some The alternatives are clear: Either the Peo­ and KLM, the Royal Dutch Airlines, an­ questions to the chairman. I may say ple's Republic is seated as the sole successor nounced on October 4 that it would offer that, after reading the report, it is prob­ to the Government which ruled China from a lower rate for senior citizens flying be­ able that my questions do not really have the founding of the U.N., in 1945 to its loss tween the United States and Amsterdam any relevance, but because of our great of the mainland in 1949, or there will be no starting February 1. Lower fares make interest in this m-atter in Kentucky, I participation by the People's Republic in any good economic sense for the elderly. But United Nations body. However the United must ask these questions. they could also benefit the airlines, which In our State there has been constant States chooses to extricate its prestige from last year fiew at only 49 percent capacity, the prospects of defeat raised by last year's objection to the transfer of allotments majority vote to support the Albanian reso­ by encouraging many persons to fiy who across county lines. The old theory was lution, no other government should enter­ would otherwise be denied this option. that the allotment ran with the land. I tain the slightest doubt as to the conse­ Tomorrow is today for the older citi· know that several types of tobacco grow­ quences of following Washington and ignor­ zens. Those who have worked hard in ers have supported transfer of allotments ing Peking. their earlier days should have the op­ across county lines. (NoTE: Allen Whiting was State Depart• portunity to enjoy fully their leisure ment director of research for the Far East, The bill and the report referred to time. I call upon the airlines and the Virginia fire-cured tobaco type 21 and 1962-1966, and is chairman, Citizens Com­ CAB to act now to bring this extra bene­ mittee to Change U.S. China policy.) Virginia sun-cw·ed tobacco type 37 allot­ fit to our senior citizens. ments. The report states, on page 2, that these two types of tobaeco are grown REDUCED Am RATES FOR OLDER CONCLUSION OF MORNING only in Virginia. AMERICANS BUSINESS I just ask the following question: Is there anything in the bill or anything in Mr. BROOKE. Mr. President, in a Mr. MANSFIELD. Mr. President, is speech to the Legislative Council: for the language of the report which would morning business concluded? permit or autholize the extension of the Older Americans in Boston on April 23, The PRESIDENT pro tempore. Is there I said: right to transfer allotments across further morning business? If not, morn­ county lines to either dark fire-cured or There is no valid reason why personnl de­ ing business is closed. velopment must come to an abrupt halt at dark air-cured or burley tobacco or any the magic age of 65 or 70 if an individual is other type of tobacco grown in Ken­ both willing and able to do more. C~STITUTIONAL CONVENTIONS tucky? Mr. TALMADGE. None whatever, As At that time I was referring to oppor­ The PRESIDENT pro tempore. Under tunities in education and employment. the Senator has already pointed out, on the previous order, the Chair lays before page 2 of the committee report, at the Today I would broaden that statement the Senate the unfinished business, which end of the first paragraph, it states: to include opportunities for air travel. the clerk will state. Our older citizens should have at least These two types of tobacco are grown only The assistant legislative clerk read as in Virginia. as many options available as our younger follows: citizens for travel and enjoyment of their A bill (S. 215) to provide for calling con­ This bill is directed only to these two leisure years. They have more time to stitutional conventions for proposing amend­ types of tobacco which are grown only travel and the maturity with which to ments to the Constituti{)n of the United in Virginia, to wit, Virginia fire-cured to­ appreciate it. They frequently have States, on application of the legislatures of bacco type 21 and Virginia sun-cured to­ friends and relatives, and even former two-thirds of the States, pursuant to article bacco type 37. It has no relation what­ homes in distant reaches of the globe. V of the Constitution (together with separate ever to any other type of tobacco grown And they have less time remaining to views). anywhere else in the United States or its them in which to enjoy the pleasures of territories. travel. VIRGINIA FIRE-CURED AND VIR­ Mr. COOPER. I thank the Senator. I The problems besetting older Ameri­ GINIA SUN-CURED TOBACCO AL­ certainly have no objection to the bill. cans today are considerable, ranging LOTMENTS The PRESIDING OFFICER. The bill from physical and mental impairments is open to amendment. If there be no and limitations to loneliness and bore­ Mr. MANSFIELD. Mr. President, I ask amendment to be proposed, the question dom. But one of the major burdens that unanimous consent that the unfinished is on the third reading of the bill. the elderly must bear is the limitation of business be laid aside temporarily and The bill (H.R. 6915) was ordered to a fixed incomes. Any rise in prices and the that the Senate turn to the consideration third reading, read the third time, and cost of living affects all of us to varying of Calendar No. 385, H.R. 6915; and that passed. degrees, but those who exist on a fixed when that bill is disposed of, it be fol­ annual income are hardest hit. Conse­ lowed by calendar No. 380, S. 1151. quently, when the air fares were raised The PRESIDENT pro tempore. Is there AUTHORIZATION FOR REVISION OF again in May of 1971 by 6 percent, an­ objection? Without objection, it is so A REPAYMENT CONTRACT WITH ordered. THE SAN ANGELO WATER SUPPLY other major obstacle to travel was placed CORPORATION IN TEXAS in the path of the elderly. Senior citi­ The bill will be stated by title. zens are in effect, being forced to re­ The assistant legislative clerk read the Mr. TALMADGE. Mr. President, I ask main at' home on fixed incomes while bill by title, as follows: unanimous consent that the Senate pro­ the costs :{or transportation continue to A bill (H.R. 6915) to amend the tobacco ceed to the consideration of Calendar No. rise. marketing quota provisions of the Agricul- 380, s. 1151. tural Adjustment Act ot 1938, as amended. Statistics clearly demonstrate that the The PRESIDENT pro tempore. The elderly do not, and usually cannot, take The Senate proceeded to consider the clerk will read the bill by title. advantage of travel opportunities. Of all bill. The assistant legislative clerk read as Americans who crossed State lines this Mr. TALMADGE. Mr. President, this follows: past year, only 1 percent were senior bill would permit transfer across county A bill (S. 1151) to auth{)rize the Secretary citizens. Of all the airline passengers lines in the same State of Virginia fire­ of the Interior to revise a repayment con­ this past year, only 5 percent were over cured tobacco type 21 and Virginia sun­ tract with the San Angelo Water Supply 65. These :figures must be viewed against cured tobacco type 37 allotments. At Corporation, San Angelo project, Texas, and the fact that the elderly comprise 10 per- present tobacco allotments can be trans- for other purposes. October 13, 1971 CONGRESSIONAL RECORD- SENATE 35989 The PRESIDENT pro tempore. With­ of the Concho River, in conjunction with In 1957, a water project was author­ out objection, the Senate will proceed to the previously existing Nasworth Reser­ ized for the purpose of impounding water consider the bill. voir. The combined operation of the res­ to be used for flood control, irrigation Mr. TALMADGE. Mr. President, I ervoirs was intended to serve an irriga­ projects, and the municipal and in­ suggest the absence of a quorum-- tion project area of 10,000 acres and to dustrial demands of San Angelo and Mr. TOWER. Mr. President, would the provide for the foreseeable growth in the surrounding area. Construction of Senator withhold his request and give me demand for municipal and industrial the project was completed in 1963. Twin an opportunity to make my remarks and water for the city of San Angelo. The Buttes Dam and Reservoir is the prin­ then put in a quorum call? project purposes also include flood pro­ cipal feature of the project, and com­ Mr. TALMADGE. Does the Senator's tection, fish and wildlife, and recreation. bines with Nasworth Reservoir and San statement relate to this particular bill? Since completion of the Twin Buttes Angelo Reservoir to complete the water Mr. TOWER. Yes. Reservoir, unprecedented drought over storage program. The system in normal Mr. TALMADGE. I think other Sena­ the drainage are~ince 1961-pre­ years would provide irrigation water for tors desire to be present, and, at the vented successful operation of the proj­ an area of approximately 10,000 acres specific request of the majority leader, I ect. The greatest actual storage in the and furnish sufficient water to meet the intended to suggest the absence of a reservoir since its completion has been other municipal and industrial needs. quorum. 10 percent of the conservation capacity. And, as in most water storage projects, Mr. TOWER. What I thought I would There have been heavy rains this past fish, wildlife and recreational benefits do is to make my remarks- summer and storage is now good. were included. Mr. TALMADGE. Mr. President. I The Bureau of Reclamation has exe­ The Bureau of Reclamation executed withhold my request for a quorum call cuted a repayment contract with the San a repayment contract with the San temporarily, and I yield to the Senator Angelo Water Supply Corp. providing for Angelo Water Supply Corp. providing for from Montana 70, the San Angelo reservoir water Mr. TALMADGE. Mr. President, I sug­ ciated with the drought. supply was completely depleted. The gest the absence of a quorum. Section 2 would authorize the Secre­ drouth has plagued the Concho River The PRESIDENT pro tempore. The tary to credit the corporation, which is Basin above San Angelo s~nce 1961. The clerk will call the roll. the operation entity for the project runoff of the Concho River System above The assistant legislative clerk pro­ facilities, with the share of the opera­ the reservoirs has been much lower dur­ ceeded to call the roll. tion costs associated with nonreimbursa­ ing this drought than during the 7-year Mr. METCALF. Mr. President, I ask ble flood control and fish and wildlife period of 1950-56 which was the most unanimous consent that the order for purposes. This credit would amount to severe low flow period in record at the the quorum call be rescinded. about $8,000 annually, This credit would time the project was designed. For an The PRESIDENT pro tempore. With­ be consistent with normal Federal pol­ example, the runoff at the San Angelo out objection, it is so ordered. icy; however, the act authorizing con­ Reservoir and the Twin Buttes Reservoir Mr. METCALF. Mr. President, the pur­ struction of the San Angelo project has during the 1962-68 drouth was less than been interpreted by the Department as one-half of the runoff of the 1950-56 pose of S. 1151, which was introduced precluding it. by the Senators from Texas, is to pro­ drought. These unprecedented low flows Mr. TOWER. Mr. President, I think I have continued throughout 1969, 1970, vide financial relief to the San Angelo do not need to account for the factual and 1971. Water Supply Corp. by extending the situation here, because it has been very The corporation has made every effort term of its repayment contract with the completely and ably presented by the to alleviate the present water shortage. Bureau of Reclamation from the pres­ Senator from Montana. I might note It has invested approximately $3,200,000 ent 40 years to 50 years and by providing that these projected payments were on a 30-mile pipeline to Spence Reser­ other credits to the corporation. based upon what the Bureau of Recla­ voir on the Colorado River in order to The San Angelo project is in the vi­ mation and then the Corps of Engineers purchase water from the Colorado River cinity of the city of San Angelo in west­ projected would be the amount of water Municipal Water District. The drought central Texas. Construction of the proj­ accrued in the reservoir. has also caused a water shortage for the ect was authorized in 1957-71 Statute Today we are considering the enact­ Colorado River Municipal Water Dis­ 372-and construction was completed 1n ment of s. 1151, a bill which I intro­ trict, and so it has been of little help. 1963. duced to authorize the Secretary of the The corporation purchased water rights The principal project feature is the Interior to revise a repayment contract on the South Concho River from ripar­ Twin Buttes Dam which controls the with the San Angelo Water Supply Corp. ian owners at a cost of $82,000 in 1971 flow of both the south and middle forks of San Angelo, Tex. which represents about one-half of the 35990 CONGRESSIONAL RECORD- SENATE October 13, 1971 year's supply for the city. Water wells in allow the city a reduction in its presently icant difference: The interest rate on the Tom Green and Schleicher Counties were scheduled payments without having to repayment contract would have been drilled for additional water supplies and increase its future payments in order to higher. water lines were laid at a cost of $1,200,- compensate. I should like to ask the distinguished 000 to the corporation. The three un­ This repayment period extension, Mr. Senator from Montana, who is the man­ expected expenditures total $4,482,000, President, is prompted by conditions re­ ager of the bill, as I understand it, and which is a tremendous burden for a city sulting from the severe drought which handled it in the Committee on Interior to repay when faced with an obligation the San Angelo area has experienced in and Insular Affairs, is not the city getting to the U.S. Government. recent years. The drought has drastical­ the best of all possible worlds with a 50- The San Angelo Water Supply Corp. ly affected water runoff in the Concho year repayment period at 1957 interest has asked that the payment schedule be River system and has caused a critical of 2.58 percent, when the Federal Gov­ increased from 40 to 50 years. We could water shortage in the Twin Buttes Reser­ ernment has to pay about 6 percent-- discuss the problems relating to drought voir. As a result, the city of San Angelo 5.9 percent in September on 3- to 5-year for the balance of the day and each hour has been forced to develop an alternate bonds-to borrow money? of discussion would further emphasize water supply source in order to meet its Mr. METCALF. I can tell the Senator the need for this extension. I think it is people's needs. right away, the city is not getting the important to point out that the corpora­ The cost of seeking a new water supplY benefit of the best of all possible worlds, tion is asking for an extension of the pay­ has placed a considerable strain on the because it has suffered a 10-year drought. ment period ·in preparation for any ad­ city's finances. In the last 2 years the Mr. PROXMffiE. It has suffered what? ditional expense which they might be city of San Angelo has had to spend over I did not hear. forced to make. $4.5 million in search of other sources of Mr. METCALF. A 10-year drought, The corporation has made arrange­ water. and is spending $4.5 million extra to try ment for furnishing water during pro­ It is estimated that the total cost o! to find out alternative water sources, longed periods of drought at the expense dev-eloping a new underground water where it can obtain the necessary water. of the local taxpayer. The ability to pre­ supply system will be nearly $15 million. It is correct that the interest rate be­ dict the weather is one many of us de­ This represents a tremendous financial ing paid by the city on this contract is sire; however, to my knowledge no one burden for a city the size of San Angelo, low by today's standards. However, the has been able to successfully accomplish Mr. President, but it is a burden that San city has been making payments on the the task. It is our responsibility to make Angelo is ready to assume in order to contract since 1966 and has repaid $500,- allowances for communities or counties meet its future water needs. 000, including $437,000 of interest who are exerting their utmost to meet What we are asking in this legislation charges, without receiving any water their obligations and at the same time is that, at this time when the people of supply benefits. However, when the legis­ perform their responsibilities in a time San Angelo are making such an effort, we lation was originally passed, the contract of crisis such as has been experienced in provide them with some slight relief by could have been for the 50-year period the San Angelo area these past 10 years. extending their repayment period on the and under the ordinary practices would I commend the mayor and his counter­ Twin Buttes project from 40 to 50 years. have been for a 50-year period, as most parts for their ability to cope with the This would permit a reduction of their of these contracts are, instead of a 40- water shortage and for their farsighted­ annual payments in the near future year repayment period. ness in preparing for the future. I urge without the necessity of increasing later I recall that during the course of the the passage of this much needed legis­ payments in order to compensate. hearings I asked the Senators from Texas lation. This is not a giveaway-the city of and they said that they felt that had they The PRESIDING OFFICER (Mr. San Angelo would stiU be required to had the ordinary delivery of water, they GAMBRELL). The bill is open to amend­ repay all of its obligations for the Twin could easily repay in the 40-year period, ment. Buttes project under S. 1151. so they felt that that was adequate. Mr. ELLENDER. Mr. President, will This bill merely allows a minor re­ Mr. PROXMIRE. Mr. President. will the Senator yield for a question? structuring of the city's payment sched­ the Senator yield at that point? Mr. TOWER. I yield. ule in recognition of the extraordinary Mr. METCALF. I yield. Mr. ELLENDER. I do not have the problems it faces in developing a new Mr. PROXMffiE. As I understand it, bill before me, but as I understand, it is water supply system. the bill authorizing the San Angelo not the purpose of the bill to reduce The distinguished Senator from Mon­ project was passed in August 1957. The the payment, but simply to spread it so tana

ADJOURNMENT UNTIL FRIDAY, oc.. adjourned until Friday, October 15, 1971, AMBASSADOR 0 TOBER 15, 1971, AT 11 A.M. at 11 a.m. Fred J. Russell, of California, to be Am­ Mr. BYRD of West Virginia. Mr. Pres­ bassador Extraordinary and Plenipotentiary ident, if there be no further business to NOMINATIONS of the United States of America to Denmark. come before the Senate, I move, in ac­ Executive nominations received by FEDERAL METAL AND NONMETALLIC MINE cOI·dance with the previous order, that the Senate October 13, 1971: SAFETY BOARD OF REviEW the Senate stand in adjournment until U.S. DISTRICT CoURTS W. W. Little, of Arizona, to be a Member 11 a.m., on Friday. William C. Stua.rt, of Iowa, to be a U.S. of the Federal Metal and Nonmetallic Mine The motion was agreed to; and (at 1 district judge for the southern district o! Safety Board of Review for the term expiring o'clock and 35 minutes p.m.), the Senate Iowa, vice Roy L. Stephenson. September 15, 1976. (Reappointment)

HOUSE OF REPRESENTATIVES.-Wednesday, October 13, 1971 The House met at 12 o'clock noon. communication common carriers shall be Mr. Carson was a native of Cadiz, The Chaplain, Rev. Edward G. Latch, considered as used in interstate or foreign Ohio. He was an Army veteran of World D.D., offered the following prayer: communication toll service, and what part of such property and expenses shall be con­ War I. He was a graduate of the Cleve­ Whosoever will save his life shall lose sidered as used in intrastate and exchange land School of Law and Baldwin-Wal­ it: and whosoever will lose his life tor My service; and for other purposes. lace College. sake shall find it.-Matthew 16: 25. On October 5, 1971: He began practicing law in Canton, Eternal God, who committest to us the H.R. 10538. An act to extend the authority Ohio, in 1922. He had also served in the swift and solemn trust of life: Since we for insuring loans under the Consolidated legal department of the Pennsylvania Farmers Home Administration Act of 1961; Railroad. He was a very active member know not what a day may bring forth, and but only that the hour for serving Thee H.R. 10090. An act making appropriations of the Ohio bar. is always present, may we wake to the for public works for water and power devel­ He shall be missed in our community. instant claims of Thy holy will, not opment, including the Corps of Engineers­ He is survived by his widow, Ella W. waiting for tomorrow, but yielding today. Civil, the Bureau of Reclamation, the Bon­ Carson, and two daughters, Mrs. Leonard Consecrate with Thy presence the way neville Power Administration and other Snyder, of New Philadelphia, Ohio, and our feet may go that the humblest work power agencies of the Department of the In­ Mrs. Frank Condit, of Brecksville, Ohio. may shine and the rough places be made terior, the Appalachian Regional Commis­ Mrs. Bow and I extend to Mrs. Carson sion, the Federal Power Commission, the and the other members of the family our smooth. Lift us above unrighteous anger Tennessee Valley Authority, the Atomic En­ and undue mistrust into faith, hope, and ergy Commission, and related independent deep sympathy of the passing of this fine love by a simple and steadfast reliance agencies and commission for the fiscal year man. I am sure those who served with upon Thee. ending June 30, 1972, and for other purposes. Henderson Carson during the 78th and Through our oneness with Thee make 80th Congresses will join with me in sor­ us one with our fellowmen across all row at the passing of this fine and out­ boundaries of color, creed, and culture. MESSAGE FROM THE SENATE standing gentleman. Mr. GERALD R. FORD. Mr. Speaker, May our sympathies be wide, our loyal­ A message from the Senate by Mr. Ar­ ties high, and our devotion deep. In this will the gentleman from Ohio yield? rington, one of its clerks, announced that Mr. BOW. I am glad to yteld to the day give to us and to our Nation light to the Senate had passed with an amend­ lead us, strength to support us, and love gentleman from Michigan. 0 ment in which the concurrence of the to unite us. Mr. GERALD R. FORD. I wish to share House is requested, a bill of the House in the views, observations, and expres­ In the mood of the Master we pray. of the following title: Amen. sions of sympathy set forth by the gen­ H.R. 7072. An act to amend the Airport and tleman from Ohio. I, too, served with Mr. Airway Development Act of 1970 to further Carson. I did not know him as intimately THE JOURNAL clarify the intent of Congress as to priori­ as the gentleman from Ohio, but he was ties for airway modernization and airport The SPEAKER. The Chair has exam­ development, and for other purposes. a good friend and a fine legislator. ined the Journal of the last day's pro­ I join in extending to his family our ceedings and announces to the House his The message also announced that the deepest sympathy. approval thereof. Senate had passed a bill of the follow­ Mr. BOW. I thank our distinguished Without objection, the Journal stands ing title, in which the concurrence of minority leader. approved. the House is requested: There was no objection. S. 2652. An act to provide an elected Mayor and City Council for the District of GENERAL LEAVE Columbia, and for other purposes. Mr. BOW. Mr. Speaker, I ask unani­ MESSAGE FROM THE PRESIDENT mous consent that all Members may A message in writing from the Presi­ have 5 legislative days in which to ex­ dent of the United States was com­ THE LATE HONORABLE HENDERSON press their views on life, character, and municated to the House by Mr. Leonard, H. CARSON service of the late Honorable Henderson one of his secretaries, who also informed (Mr. BOW asked and was given per­ H. Carson. the House that on the following dates the mission to address the House for 1 The SPEAKER. Is there objection to President approved and signed bills and minute.) the request of the gentleman from Ohio? a joint resolution of the House of the Mr. BOW. Mr. Speaker, it is with sad­ There was no objection. following titles: ness I rise today to advise the House On September 29, 1971: of the passing of a former Member of H.J. Res. 782. Joint resolution to authorize this body, one of my predecessors from THE LATE HONORABLE DEAN ACH­ the President of the United States to issue the 16th Congressional District of Ohio ESON, FORMER SECRETARY OF a proclamation to announce the occasion of STATE the celebration of the 125th anniversary of and a very dear friend. the establishment of the Smithsonian In­ Henderson H. Carson, who was a Mem­